Fair Credit Reporting Act (FCRA). Statute of limitations in California

Asked almost 2 years ago - Fresno, CA

There are 2 collection agencies that are incorrectly reporting information on my credit report which is negatively affecting my credit score. I know I have recourse under the Fair Credit Reporting Act (FCRA). I was told that generally these cases are fee shifting which means that I should not have to forward any attorney fees; my attorney will receive their payment from the offending party. Furthermore, if successful, I may be entitled to up to $1,000.00 dollars in statutory damages and/ or actual damages. My attorney said I would just have to cover the "hard cost" (ex: costs to file necessary paperwork with the courts, transportation expenses such as lodging, gas to drive from So. Cal to Fresno, CA if necessary). Any help will be appreciated.

Additional information

the last payment to the original creditors (not reporting collection agencies) was over 4 years ago which falls into the 4 year statutue of limitation for written contracts in California. I have already disputed the information with all 3 major credit bureaus and they simply said that they verified the information to be correct (their process is a joke). I already send the collection agencies validation of debt letters via certified mail/ return receipt which to date they have not responded to. I knew they would not, but I did it in case I have to go to court to have something I can show the judge which proves I reached out to them and tried to resolve the matter.

Attorney answers (3)

  1. Michael Raymond Daymude


    Contributor Level 20


    Lawyers agree

    Answered . I read your post twice, but did not see a question. I believe you have confused the statute of limitations with the length of time derogatory information may be reported by a credit reporting agency.

    Accurate negative information, such as late payments, will be reported for up to 7 years from the original delinquency date. The original delinquency date is the date the payment was first reported late. So, if you miss a payment today, it will be deleted on this date seven years from now.

    There is nothing in your post which suggests the derogatory information which is being reported is more than 7 years old or that the reporting agency has done anything unlawful.

    I am licensed in California only and my answers and information on Avvo assume California law. Answers and... more
  2. Kevin Lewis King

    Contributor Level 14


    Lawyers agree

    Answered . As stated, I do not see a question here. You should seek counsel from your attorney.

    Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM, 415-562-6862. The information presented... more
  3. Robert A. Stumpf

    Contributor Level 19


    Lawyers agree

    Answered . If you have an attorney, isn't he the one to ask?

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