Have you tried to contact the credit company & inform them that you deny this information? Otherwise, consult a local attorney - most will provide free consultations. Good luck
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
You have some options. Give me and/or another attorney a call to discuss. I do handle these matters & can be reached @ (404) 303-8875. Best wishes & take care.
Sam Levine, Esq.
This is a serious issue, and one that has been affecting a lot of people. Yale has put out a great primer to help people like yourself understand what their rights are under the Fair Credit Reporting Act (FCRA), and I am linking to it below. It sounds like you have been diligent in trying to get them to do the right thing, and they still continue to ignore it (which companies often do because people like yourself get tired of fighting and eventually give up).
Good for you for not giving up, and I agree, it sounds like time to take legal action. Many of us here on Avvo handle these cases, and almost all of us will offer you a free consultation to help you assess your case. Give us a call and we can help you figure out the next steps - you won't get charged any fees until and unless your case is resolved favorably, so you have nothing to lose.
For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.
You cannot sue for pain and suffering.
However, if you can document a paper trail where you properly notified the collector, the creditor and the credit bureaus in writing (hopefully you kept copies and did this by certified mail), you may have a significant claim for damages for violation of federal credit laws, and you should bring your evidence to a local attorney.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
As a general matter, you cannot recover pain and suffering damages unless you have suffered a physical injury. However, there is recourse for false credit reporting under the Fair Credit Reporting Act. I would suggest you contact a firm that specializes in this area to discuss your case. Best of luck to you.
Sign up to receive a 3-part series of useful information and advice about personal injury law.