Did you dispute it in writing to the creditor and all 3 bureaus? If so, what was the response?
You may have a Fair Credit Report Act violation. But many more facts are needed. That also doesn't necessarily help you get your mortgage in the near future while trying to clear up your credit report.
There are two statutes that are on your side. The first is Florida's Unfair Trade Practices Act and this statute provides a state court cause of action for companies that incorectly report false and damaging information on your credit report. The second, and a bit "teethier," in the Fair Credit Reporting Act. The second one is a federal law that requires that certain things be done to ensure that your credit report is correct and, if it is not and you follow certain procedures, it gives you a means for going after the entity and reporting bureau for damaging you.
Note that both of these options will definitely require the retention of a lawyer, but there is a silver lining: both provide attorneys fees as a potential recovery, so it's an option worth pursuing. Talk to a competent lawyer with experience dealing with the FCRA as soon as you can.
Best of luck to you!
You need to file a dispute with each credit bureau that is showing incorrect information on your credit report. You can see how to do that by following the below link to my website.
If you have not already disputed properly (many people do not know that your disputes should go to the credit bureaus reporting the inaccurate information), you should consider disputing with the credit bureaus who claim you owe a debt. You should be as detailed as possible. Hopefully, that will take care of the problem or at least help. Because you have advised that your case involves identity theft, you should obtain a police report and also complete the attached fraud affidavit. I strongly recommend that these documents be sent to the credit bureaus with your dispute. If the creditor or debt collector has already asked you for more information, you should provide that to them. If you do not, they will take the position in any litigation that you failed to mitigate your damages. Most judges and juries are going to expect you to use your best efforts to solve the problem. If after you dispute to the creditors, they continue to try to collect the debt by sending you dunning letters or by placing or leaving items on your credit report, then you probably have a claim under Florida's Consumer Collection Practices Act and/or the Fair Credit Reporting Act. If you contact my office via email, I can furnish you with an instructional dispute letter. You should file a police report and file an Identity theft affidavit with the FTC. If there is a prosecution, the Court has authority to issue orders to correct public records. See Section 817.568(9)(b), Fla. Stat. I wish you the best in the future.
Disclaimer: The above is intended to give you, the consumer, some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist.If this information has been helpful, please indicate below. If this information has been helpful, please indicate below. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to firstname.lastname@example.org.
The first step is to send written notice of dispute to creditor and all three reporting agencies. They have 30 days to investigate and respond. Then, send a second dispute and wait another 30 days to see what happens. After that you may want to consider filing a lawsuit. You are better off having an attorney send out the letters, the attorney will ensure the letters cover everything to set the stage for a lawsuit. Also, is anyone calling you in attempt to collect the debt?
The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.