Legal Question in Credit and Debt Law in Indiana
Illegal Charge-Off on my credit report?
I recently found that my credit report had a charge off on it. I contacted the collections agency that reported it and found that it was from an apartment complex I had moved out of. The problem is I never received a single notice that I owed anything. I asked them where they sent the correspondence and they were sending it to an address that doesn't exist. However, I continued to receiver every other bill after I moved - any mail that was sent to my old apartment address would have been properly forwarded.
They didn't even take the time to try and call me or even send the bill to the old address. I don't have a problem w/ paying the bill but I want it removed from credit report first - something they are unwilling to do. If I just pay the bill it will show up as paid on my credit report but it should have never been reported in the first place.
Does the collections agency not have some responsibility in sending you a bill before they can report it to the credit agencies?
I've contacted the 3 credit agencies and only 1 has removed it, the other 3 just show it as a disputed charge - but I'm not disputing the CHARGE; I'm disputing the legality of it showing up on my report in the first place. These agencies are frustrating
1 Answer from Attorneys
Re: Illegal Charge-Off on my credit report?
Notify the credit agencies of the cirumstances, in writing. Make sure you dispute the debt (since you've never seen the bill, how can you accept its validity?). They are then to contact the creditor and within a specified period of time (I believe it is still 30 days), if there is no response, then the credit agency should remove it. However, if the debt is reported as a judgment, that can make a difference. If it's a small amount, it'd be easier to simply contact the landlord, inquire as to the amount, then offer to pay it, but make sure that you get back a Satisfaction of Judgment which should be filed with the court. I'd not assume that the landlord will file it. You may have to file it. But she/he is required to give you a signed Satisfaction of Judgement, if you've gotten a judgment against you in court, and you paid the full amount of the judgment.
The other option is to hire a lawyer to go into court and get the default judgment set aside.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
