Feb
13
2013

Company suing after account deleted from credit report

 

Dear Experian,

Last year, I disputed an account with you and the other CRAs. About a month after the dispute, you and the other CRAs deleted that item off my credit reports. Now the company that placed that erroneous account is attempting to sue me. Can I request a document from you and the other CRAs validating that the account was deleted?

- AFG

Dear AFG,

When you dispute an item on your report, we contact the creditor directly and ask that they verify the information reported. If we do not receive verification within 30 days, the account will be deleted.

The creditor may request that accurate information be returned to the report, but you must be notified when the information is returned. Before taking any further action, get a copy of your credit report. You should easily be able to see whether or not the account is being reported.

If the account is not on your report it does not necessarily mean that the creditor has agreed that you do not owe the debt, and simply because the debt doesn’t appear in your report does not mean the lender will not attempt to collect it.

The Fair Debt Collections Practices Act (FDCPA) governs debt collection, along with various state laws. The FDCPA and most state laws allow collection activity to continue even after information has been removed from a credit report, as long as the debt is valid.

You should contact the company directly to discuss why you feel you do not owe the debt and what needs to be done to halt its collection activity, including the lawsuit.

Thanks for asking.

The “Ask Experian” team

 

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