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

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.

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

Posted

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

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Posted

I just want to make sure that the cost he is saying are normal procedure....just double-checking.

Posted

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 information provided by me is general information only. It is not legal advice. It must not be relied upon by you. Legal advice must be based on the interplay between specific facts and the law. This forum does not allow for the discussion of that interplay. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website between us are not privileged or confidential. All legal proceedings involve deadlines and time limiting statutes. So that you do not lose any legal rights for failure to timely take appropriate action for your situation, you should promptly and personally consult with an attorney for legal advice.

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Posted

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 here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.

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