The procedure you should follow is set forth in the Fair Credit Reporting Act, and getting a lawyer involed to help you might be the right answer -- if they won't remove the item (presuming it is not yours) then the FCRA provides the ability to go after the bank and have the bank pay for your lawyer.
Talk to someone experienced with this area of the law in your area soon.
You are several steps removed from having to sue. First you need to figure out what the item is and either have it clarified, or removed or explained. There are attorneys who specialize in this area.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
Consider a letter similar to the following for a start:
Creditor's name and address
Your full name
Your account number
Request for Statement of Account
To Whom It May Concern:
I received notice from you that an indebtedness is owed to you or you are collecting a debt on behalf of another person or entity. I hereby request validation of the debt. Such validation should, at a minimum, include copies of all documents referencing the agreement between the parties and should identify the party currently in possession of the original negotiable instrument, if there is one.
I also write to request a statement of account pursuant to the Uniform Commercial Code for the debt you claim to be owed by me. At a minimum, I request a written statement of the dates and amounts of payments and the total amount unpaid under such contract.
Furthermore, I respectfully request that your company take no steps that might injure my credit profile. If you are currently reporting adverse information relating to me, please take suitable measures to cancel the reporting pending appropriation validation of the debt. Your failure to do so may be a violation of the Fair Credit Reporting Act and may subject you to actual and compensatory damages, attorney's fees and costs.
Thank you very much in advance for your anticipated cooperation.
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