Legal Question in Credit and Debt Law in Texas

Unjust collection filed on credit report- Please advise

Back in 1998 my wife and I signed a 7 month lease at an apartment complex. After the 7 months, we moved out with no problems in sight. A few weeks later we recieve a letter stating we owed the complex $2541 for a lease violation. I called the manager and she said it was a mistake and she would take care of it. Needless to say a year later they filed a collection against us for the $2541. Again I called, and again I was told it would be taken care of. Well I never heard anything until this past week. I had another creditor tell me that my intrest rate went up because of a negative mark on my credit reported this past March. I had no idea what it was until I pulled my report and it showed that same company filed a new collection this past March. I have been paying for this unjustly for 5+ years. I am ready to act. What are the steps I need to take? Thank you in advance.


Asked on 7/06/03, 12:31 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Unjust collection filed on credit report- Please advise

You could sue the complex, you could write to the credit bureaus and request their form for adding your explanation to the credit report, or you can write to the complex and demand proof of their alleged claim or withdrawal of that report. Otherwise this will remain on your credit report until 2005; 7 years.

Your first mistake was in calling rather than writing. Your second mistake was in not following up timely. The letters should be sent certified mail, return receipt requested. Keep a copy of the letter, the certified mail chit, and the green return card. You may need them to prove that you have, in fact, written to them.

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Answered on 7/06/03, 2:01 pm


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