Disputing an Account With the Creditor
I suggest only giving a creditor 8 days to provide your with the proof you requested to your mailbox (4 days to find it and only 4 days for mail delivery). If it takes them any longer, they probably don’t have the proof and you should start taking the action. Get on the phone and contact the Attorney General where your creditor is located. You can either obtain their phone number from directory assistance or you can find it online. Simply tell them that you this creditor is damaging your credit and they are reporting an account that does not belong to you. Tell them that you have requested proof of account ownership and they do not have it. They will then contact the creditor in question and have that account immediately removed from your credit report.
This is a legal service that is free to your and almost guarantees that they will get your negative item in dispute removed. If you want to make money from your creditor then take them to a small claims court. You can do this for a nominal fee at your local court It is easy and You can do it all by yourself. You'll be asked to complete a simple form to file your complaint. You want, you may write that you want to have the item in dispute removed from your credit report since it is not yours and the creditor has no proof that the account is yours. After you receiving a court appearance date, mark it in your calendar and be certain to attend at the place, time, and date scheduled. When in court, bring along the return receipts from when you sent the registered mail you used for the disputes along with a copy of your phone bill when you called.
Sue the creditor for your emotional stress and expenses. Remember, if they are unable to provide you or the court with proof that this account is indeed yours, you will win and the account will be removed from your credit report! If the creditor you are suing is located out of state and does not show in court, you are the winner by default.
BTW: I have yet to hear of any creditor actually making an appearance to a court date. They are way too busy to waste their time or money on 1 person when they have other people to service instead. You also have the option of contacting a lawyer in your area for a free consultation about what your rights are in reference to your situation.
If the creditor is somehow able to come forward with the written proof you requested, offer to settle your debt for 20 cents on the dollar that is of course if you have the money to do so. If you don't have the money, please skip to Step 5. If you owe $1,000, offer them $200. If they refuse your offer then tell them that you are going to file Bankruptcy and they won’t get a dime. This will defiantly get their attention and open them up some more to negotiate your debt. What you agree to pay them should much less than what you originally owed. Never agree to pay any penalties or interest charges on collection or past due accounts.
If you unable to come up with the money to make the payment arrangement, start over and back to the beginning of this section. Remember, the laws are on your side and you are legally allowed to dispute any negative items on your credit report Every Month. You have every right to repeat this process as many times as you like until the credit bureaus give up on verifying the item you are disputing then remove it. The creditors simply do not have the people to handle the mountain of credit disputes they receive, so if you stay persistent, eventually they will give up or slip and your item may be removed.
At times the credit bureaus will reply by stating that they have already verified all of your information as accurate. If this is the case, write back stating that it is Federal Law that they must verify all of your disputes and that you WILL sue them for $4,500 for each and every dispute that they do not properly handle. Once they are aware that you know your rights, they'll become cooperative immediately.