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Kevin C Mallon

Kevin Mallon’s Answers

113 total


  • Was my wife served properly?

    We just found out (through a bank freeze of funds) that my wife had a judgement against her for not answering a credit card debt case in court. She does nit recall being served (and neither do I). I went to the county clerk and got the affidavit o...

    Kevin’s Answer

    The poor description is not a defense but the fact that your wife never received notice of the lawsuit is - and the poor description can help as proof of that. You need to file a motion to vacate the judgment - or hire an attorney to file the motion for you. After it's vacated you'll need to make sure it comes of your credit reports.

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  • How do i remove ex husbands bad marks off or my credit report?

    My now ex husband left and was not heard from for 5yrs. Law enforcement finally found him in dallas, texas. He left me with 2 mortgages, bills etc.. l ve tried to rebuild but l keep running into a brick wall with credit. There are 2 marks l cannot...

    Kevin’s Answer

    Negative accounts can legally stay on your credit report for up to 7 and a half years after the date they became delinquent. If you co-signed for these accounts with your husband there may not be much you can do but wait until they fall off your report next year. Sorry for your situation and best of luck to you going forward.

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  • Does a credit card lender have the right to arbitrarily review my credit report, without my consent?

    Just received a letter in the mail from a credit card lender, which states that they reviewed my credit report, purported to see some unfavorable information, and are decreasing my limit to the current balance due. However, after reviewing my Card...

    Kevin’s Answer

    They don't need to place anything in your contract with them. They have a right to review your reports pursuant to the Fair Credit Reporting Act so long as you have an active account with them.

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  • Do I have grounds to sue a car dealership that ran my credit nearly a dozen times without permission, lowering my credit score?

    I received a pre-approval letter from a lender for a car loan. The lender instructed me to find a car at its partner dealership. I presented the approval code to the salesperson and told him the cars I was interested in. The sales person took the ...

    Kevin’s Answer

    If you had independent financing and did not give them permission to run your credit the that could possible be a violation of the FCRA. Could be a tough case to prove though unless you have lots of evidence in writing. But if you have real damages because of mortagage issues due to this it might be worth pursuing. Good luck.

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  • Do have any legal recourse against the dealership?

    In mid May 2015, I went to a car dealership and instructed them to run my credit with one finance company only. Since then I have received approximately 7 rejection letters or notifications concerning this instance. Also, my credit score, accord...

    Kevin’s Answer

    Unless you have something in writing to that effect it would be nearly impossible to prove your case. Multiple inquires for the same type of credit done within 30 days are not supposed have a cumulative impact on your credit score either. I'd be surprised is the 43 point drop was due largely to those inquiries. Sorry I don't have a more positive answer for you.

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  • Do I need to proceed with suing the debt collector?

    I've been repairing my credit now for about 4 months and I've gotten really good results, but Experian refuses to dispute anything else on my credit report that I've previously desputed. First time I disputed with Experian, they didn't remove anyt...

    Kevin’s Answer

    What proof have you sent them that these items do not belong to you? Do they belong to you? If they don't and you have sent them sufficient proof to prove that then you might have a very good lawsuit against Experian. If that's the case you should contact a lawyer with a lot of experience bringing FCRA lawsuits.

    Good luck.

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  • Can you have a credit check just before bankruptcy to change cell carrier to try save money

    trying to save money in cell and cable providers before bankruptcy

    Kevin’s Answer

    Yes, I don't see anything wrong with that. If you were to take out a new line of credit with the intent of merely discharging it in bankruptcy that would be a problem, but so long as you plan on paying your cell phone bill I can't see anything improper about having them check your credit before your bankruptcy is filed.

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  • Can I take a company to court for placing a bill on my credit report as delinquent when I believe that I was never responsible .

    When I went to purchase a new car I was informed that I had a bill in collections on my credit report. This bill caused my interest rate to go from 1.99% to 4.99%. After speaking at length with the company I decided to fille a complaint with the ...

    Kevin’s Answer

    You won't be able to sue the collections company under the Fair Credit Reporting Act because you can only sue them after you've disputed the item with the credit reporting agencies. If the account did not belong to you and the debt collector had reason to know that - or that the account was not accurate in some way - you may be ale to hold them liable for your increased interest rate pursuant to the Fair Debt Collection Practices Act, which cover third party debt collectors.

    You'll need to contact an experienced attorney to see if you have a valid claim.

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  • How do I fix my credit?

    My grandfather took a credit card out in my name with his address on it and gave it to me to use, saying that he would take care of it all. Once I realized that he wasn't making payments anymore I stopped using it, cut it up, and called to have my...

    Kevin’s Answer

    If you used the card it's going to be nearly impossible to get it removed from your credit reports. You're best bet is to try and make a deal with the collector to settle the debt in exchange for them removing it from your credit report. The original creditor will still report it but at least it won't show as a collections account on your credit report anymore. Best of luck going forward.

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  • How do i get a conviction off my credit report.

    i was convicted of a crime and had it appealed and the case was charges were dropped and dismissed as a he said she said.

    Kevin’s Answer

    The conviction should be removed but the likelihood is it will only be removed if you notify specific background search companies that the conviction was overturned. The difficult part for you is that there are many background search companies. Unfortunately the fact that you were arrested can still be reported on your reports for 7 years from the date of the arrest.

    If you apply for a job or credit and the conviction is sent as part of your background search I'd contact an experienced credit reporting attorney immediately. Best of luck.

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