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Can I have this collection removed from my credit after original creditor has deleted?

San Antonio, TX |

I disputed a charged off credit card and a collection for the same account, with all 3 credit bureaus. The CRAs deleted the original creditor charge off, but the collection came back as verified and was not deleted. This card was opened under my name fraudulently before I was even 18 years old. The collections agency is refusing to cooperate and anytime i send a request to block the information they just reply with a settlement offer. How can I get this collection removed?

Attorney Answers 4


  1. I'm sorry, but I have no idea.

    I have taken the liberty of changing the practice area and tags associated with your query so you will get responses from lawyers who specialize in the area of law your query involves, i.e., consumer and commercial law.

    good luck.


  2. You are following the correct procedures. The core issue is whether or not you really owe the debt to this collection agency. You have said the card was opened fraudulently. I assume that you mean that this is not your debt and never has been your debt. Sometimes people find it helpful to file police reports and to send affidavits regarding identity theft to the credit reporting agencies and the debt collectors. Seek out an attorney with experience in the Fair Credit Reporting Act. www.naca.net is one resource to find such attorneys.

    I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.


  3. If this is truly not your account, then you may have a Fair Credit Reporting Act claim against this company. I would first dispute the account in writing with the credit bureaus (via certified mail return receipt requested) and advise them that this a fraudulent account. I would then contact a consumer protection attorney in your state if the account is not removed within 30 days. Good luck.

    My response does not constitute legal advice and we do not have an attorney/client relationship. You may contact me for more information at 845-290-9678 or at dkatz@dkatzlaw.com.


  4. This is a clear violation if the FCRA, if this is a disputed debt and you didnt open the card. We might be able to help you get this removed and file a case against this collection company. Call us at 800.279.8494 ext 1354 or visit the website at www.americanonelawcenter.com

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