Legal Question in Credit and Debt Law in North Carolina

I have an eviction on my credit report but I never been evicted and there is no court documents showing an eviction ever filed against me. How do get this off my credit report?


Asked on 8/02/12, 6:07 pm

1 Answer from Attorneys

If you have never been evicted, then something is not right. Either your name is similar or the same as someone else's or you are the victim of some kind of identity fraud.

What I would do is check your reports from the other 2 credit bureaus (the big 3 are Equifax, Experian and Trans Union). You can get your credit report for free once per year at www.annualcreditreport.com.

See if its on the other 2 as well. The Fair Credit Reporting Act requires that you send a written letter to the credit bureaus (either all if all have it or just the bureau which lists it). Give them your full legal name with suffixes or numbers (example John Jay Doe, IV/Jr,), your SSN (they need it) and date of birth. Tell them what you are disputing and why - like I have never lived at XYZ apartments and/or have never been evicted.

They have 30 days to "investigate." The investigation consists of them asking the creditor who put the information on your report if its correct. If the creditor does not respond in 30 days, its supposed to come off. The credit bureaus will send you a letter letting you know the result in 45-60 days after you send your letter.

If it is verified, then you write a letter, which you mail via certified mail, to the creditor saying the same thing and ask them to investigate. Add that if they insist this is you to provide verification - including a copy of the signed lease and a list of the damages.

If they still will not budge, then you need to hire a lawyer specializing in Fair Credit Reporting Act (FCRA) violations. Under the act you can recover attorney fees. See 15 U.S.C. � 1681n and 1681o.

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Answered on 8/02/12, 8:28 pm


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