QUESTION
bankruptcy 2002 creditor reported discharged we paid off loan creditor reported negative info. Late payments and wrong dates? Can we do something?
Asked on May 27th, 2012 on Bankruptcy - Indiana
More details to this question:
We filed in 2002 creditor reported discharged in 2002 also reported date closed 2002 and last payment 5/18/2004 with major late 10/2009 was not late. Also reporteddatemaj del 1st road 10/2009. We paid these payments on time was to be paid off 6/2012 paid off 4/2012.How can they put so much wrong info on credit report and we have all of the proof about paying on time and paying loan off early. We have had a lot of trouble trying to get this straight. Requested copy of bankruptcy discharges but since it was 2002 having some trouble getting list of creditors that were discharged. We did not reaffirm with this company they just kept calling so we just caught up the January and February payments and kept the boat and paid it off. Not late like said and last payment was not 10/09 was 4/12 and that was the final payment.
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I am assuming that this is a chapter 13 bankruptcy your speaking of and not a chapter 7 bankruptcy, as you referred to making payments to creditors. The only way to remedy this situation is to get your complete bankruptcy information and present that with the proof you have of when payments were made and contact all four of the credit reporting agencies and dispute each and every claim individually. This is a long and time-consuming process, but there is no other or easier way to do it as bankruptcy court is in no way connected to the credit reporting agencies. You may want to contact the lenders who placed the incorrect information there, but unless you have a lawyer who is going to seriously threaten them with a lawsuit, I can almost guarantee you you'll get nowhere that way. So unless you're willing to sue these companies, which is not very easy, although federal statue allows you to under circumstances such as this. The easiest way would be for you to contact each and every credit reporting agency and dispute every single incorrect piece of information. What happens is that they will ask the creditor to prove that that debt or payment history is correct and if the creditor does not respond then it is taken off your record. Furthermore, if you provide them information that proves that the information is incorrect they will also remove it from your record. I will warn you again this is a very long and very time consuming ordeal, but it's the only way to do it.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Jun 15th, 2012 at 3:17 PM