Legal Question in Credit and Debt Law in New York
Can I force the Bank & collection agency to stop reporting a debt that was discontinued WITH prejudice?
I was sued by a collection agency on behalf of a bank for an alleged credit card balance; when I responded to the lawsuit they sent me a letter (Stipulation of Discontinuing action & Mutual releases) discontinuing the suit WITHOUT prejudice, I still went to court on the scheduled date & the clerk told me they were discontinuing the suite & I told him I wanted it discontinued WITH Prejudice. The lawyers representing the debt collectors sign the same letter discontinuing the suite WITH prejudice & was told by the court clerk I was free to go if I was satisfied. I have the original copy of the letter signed by myself & the lawyers representing the debt collectors. The debt appears twice on my credit report, once from the bank, the other from the collection Agency, can I have both of these removed from my credit report given that the suite was discontinued WITH prejudice? P.S. the letter also states that debt collector is the sole owner of the alleged account that was in dispute.
1 Answer from Attorneys
Yes. Write a letter to the Credit Agency explaining the situation.