Legal Question in Credit and Debt Law in Florida
Negative Entry on Credit Report
Hi,
In 1996 I was under the treatment of a dentist. During the treatment we had a disagreement and the treatments with him stopped. For the next year he tried to collect the outstnding debt (about $400). I refused and the debt was turned over to a collection agency. Well, here we are 7 years later and I am trying to buy a house. My banker came back and told me that the debt appears on my credit report and my attempts with the credit companies to have it removed have failed. What can I do? Also, in 1998 I filed bancruptsy and forgot (?) to include this debt on the bancruptsy. Is there anything I can do there ?
3 Answers from Attorneys
Re: Negative Entry on Credit Report
The report on your credit is likely valid and you will not be able to remove unless you constantly barrage the credit reporting agency with requests and they fail to answer. As a result, maybe you contact the dentist and work out a payment plan or something to have it removed.
As for the bankruptcy, I assume your bankruptcy was completed and discharged your debts. It is likely too late to open it back again to add this debt. Are you aware if the dentist was aware of your bankruptcy? There are some circumstances that need to be discussed in more detail.
Best of luck,
George Savage
Re: Negative Entry on Credit Report
Work out an agreement, pay him and have the Dentist write a letter saying the debt is paid. Fax the letter to all 3 credit bureaus.
Re: Negative Entry on Credit Report
How do you compute 7 years from 1996 to 2002? Seems to me as if it is but 6 years. Although the negative credit comment is probably valid, it must be deleted after 7 years. Unless there are over riding reasons wait until 7 years have elapsed. Do not acknowledge the debt or make payments...unless you must. Doing so may reinstate the applicable statute of limitations. If the statute has run, collection efforts will be to no avail. Consult with competent counsel. If you wish an appointment, call me at 305-940-8080.
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