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What happens when a creditor cannot find your account, but are reporting negative to the credit bureau?

Conway, AR |

I have disputed my credit report and called the creditors for an itemized statement of the debt in question. 2 of them cannot find any record of me in their system. If they fail to find my account, will the original creditor as well as anyone they sold the debt to come off my credit report?

Attorney Answers 4

Posted

If you have requested validation of the debt (in a writing) and neither the original creditor nor the current creditor can provide you with sufficient validation information, they should, upon your request, cease their efforts. At the same time, if you included language informing the creditor that you expect no credit reporting to take place during the validation period and that any credit reporting be removed, the creditor should do that for you.

I would also suggest you formally dispute the items with the credit bureaus. If they do not get validation data from the creditors within the prescribed timeframe, the items will be removed.

If you still have issues or if you need further assistance, contact a local debtor's rights (FDCPA and FCRA) attorney for a consultation.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. 

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Posted

Send a letter of dispute to the credit bureaus. They must investigate and validate the debt. If the creditor cannot validate it because of lack of proof, the bureaus must delete it

This answer is intended to provide general information only. It does not create an attorney client relationship nor should it be construed as legal advice or an opinion on specific situations. Donald A. Green is only licensed to practice law in California and Oregon.

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Posted

Federal law requires you to be responsible for monitoring your credit report & requesting that any mistakes be corrected.

The simplest way to correct inaccurate entries on your credit report is to file a dispute with any credit bureau reporting this information. You simply point & click to the appropriate reason why you are disputing an item (such as "not my account") and the credit bureau will have to conduct an investigation.

I am posting links to the federal law and to the free annual credit reporting sites. Hope this perspective helps!

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Posted

When you receive notice from a creditor or collector of an account for which you dispute, and you send a timely written request for verification and notice that you dispute the debt, the collector must provide that verification within a prescribed time period. If you do not receive verification, then you can request that they cease collection. Removing the negative tradeline from your credit report is another matter, you may request the reporter remove the negative tradeline, and if they so request removal to the CRAs and the CRAs do not remove it, that is yet another matter. You should contact an FDCPA attorney for more information. Feel free to contact me at (310) 577-0870.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.

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