Legal Question in Administrative Law in Virginia

Can creditors be sued for putting wrong info on your credit report, like judgments?


Asked on 6/05/10, 9:30 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Yes, but it is harder than it sounds. The Federal law says a consumer can sue for erroneous information on a credit report (more precisely for a failure to follow the requirements to confirm the truth of credit reports).

However, there is another part of the law that Congress inserted which is interpreted by many courts as PROHIBITING the very same thing by anyone but a government agency.

Courts disagree.

However, Richmond courts have started to address this as "defamation" (slander), and allow people to sue for being slandered.

Warning: There is a one year statute of limitations for defamation.

Also: It is hard to figure out how much in dollar losses you can justify and claim.

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Answered on 6/06/10, 9:50 pm


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