QUESTION

What can I do if the bill is from a different person with the same name and do I deserve compensation for ruined credit for 9 years?

Asked on Mar 14th, 2016 on Bankruptcy - Colorado
More details to this question:
I have a judgment against me from 2007. The bill was from 2000 and I did a bankruptcy in 2002.
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5 ANSWERS

First things first. Notify the three major credit reporting agencies of the error. Notify the clerk of the court in which the judgment was granted. It would be good to send all recipients of the correction a copy of the bankruptcy discharge. You can also file a motion for contempt (violation of the bankruptcy discharge) against the creditor who obtained the judgment. This will almost certainly require the creditor to take affirmative steps to correct your record. You might have to pay a fee of $300 to reopen the case; and you would be well advised to retain a lawyer. (If the Court agrees, the creditor can be made to pay your attorney's fee.) As to suing the creditor: you would have major problems of proof. You'd have to demonstrate that the judgment was the only, or the primary factor, in your credit score having fallen, and you would have to demonstrate some particular loss you suffered: e.g. you could not get your car loan for 4%, and you had to pay 10%. Good Luck.
Answered on Apr 18th, 2016 at 7:17 AM

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Bankruptcy Attorney serving Las Vegas, NV
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If you believe that you properly listed the judgment creditor in your bankruptcy and discharge the debt then you need to inform the credit reporting agencies and the creditor of that fact and demand they remove that notation from your credit report. If they fail to do so then you may sue them under the fair debt collection practices act.
Answered on Apr 18th, 2016 at 7:16 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I honestly do not understand your situation. Next you post, explain what you mean by ?the bill is from a different person with the same name.? Also explain how you sustained a loss ?for ruined credit for 9 years.? If the debt was discharged in your 2002 bankruptcy, then the responsibility for notifying the creditor and the court that entered the judgment was YOURS. Further, when information about your credit is incorrect, you are the person who must take steps to make sure your credit is not damaged. If you fail to act to protect yourself, you may have no right to seek damages for a loss you could and should have acted to prevent.
Answered on Apr 18th, 2016 at 7:15 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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File a motion to dismiss with the court that holds the judgment based on the discharge in bankruptcy.
Answered on Apr 18th, 2016 at 7:15 AM

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Meet with an experienced attorney. Be prepared to pay for the consultation.
Answered on Apr 15th, 2016 at 9:46 AM

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