Legal Question in Bankruptcy in Michigan
Chapter 7 Bankruptcy
A creditor has been adding to our TRW report making it look like our vehicle was repossessed recently instead of before our bankruptcy in 1989. This creditor harassed us continually and was a major factor in our deciding to claim bankruptcy. The are now trying to keep anyone that will lend us money for a vehicle from doing it by telling them incorrect things and by putting it back on our TRW after it had left (because they only go back 7 years) Can we legally have this information taken off and tell the creditor that they should stop harrassing us?
1 Answer from Attorneys
Creditor misrepresentations on TRW
The Fair Credit Reporting Act and specifically Title 15 U. S. Code Sec. 1681c, makes reporting obsolete information illegal and enforcement is provided by 15 US Code Sec. 1681e. TRW takes the heat for misrepresentations on your report. It is up to TRW to rectify the problem or face suit for damages in federal court. Write to TRW, send the letter by certified mail, return receipt requested, state what errors are rweflected on its report, and keep a copy of the letter with the certified number on it. If TRW doesn't correct the information it is reporting, TRW can be held liable in court.
In addition, you can sue the creditor for libel of credit. That action can be brought in federal court in appropriate circumstances. I suggest that you contact an attorney in your area who is experienced in federal civil practice; you may want to look for a legal clinic at a law school near you. Look at http://law.house.gov for a list of law schools.
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