Can I seek injunction in small claims court to remove incorrect info from my credit report?

Question

Hi, I was wondering if I can sue a collection agency in small claims court for poisoning my credit report? What I specifically need to know is whether I can seek (and whether the small claims court can issue) an injunction (not money damages) to remove incorrect information from my credit report. I live in San Francisco Bay Area and the collection agency is registered in Maryland.
Thank you.

Answer 1

Not in California.



1. To sue in a small claims court in California, you must arrange to have whomever you sue be served (given certain documents) in California. Therefore, you usually can't sue someone in a small claims court in California if they are not also in California. However, there might be a way to serve them in California, even if they are elsewhere. (Some companies have a California address for legal purposes, even if they are registered elsewhere.)



You do have two other options:

(a) you could sue in another state, but then you'd have to spend money getting to that state, or

(b) you could sue in a different court in California (not small claims court). There may be different rules if you don't use a small claims court.



2. To sue in a small claims court in California, you have to seek money damages. If you seek only an injunction, then you have to use a different court. To get an injunction from a small claims court in California, you would have to seek both money damages and the injunction. If you really want to seek only an injunction, then you could use a different court, but it might make more sense to ask for a nominal amount of money damages (like what you had to pay the attorney), so that you can use the small claims court.



If it's already been 5 years, then I don't see the point to a lawsuit. After 7 to 7 1/2 years, the credit bureau is supposed to remove it automatically, even if you do nothing. So waiting another 2 to 2 1/2 years should do the trick.

Answer 2

No, you won't get a court injunction to remove the item from your credit. Small claims is about money.



If this account does not belong to you, there is a certain method to get it corrected. First, you dispute the item with the credit bureaus as not being yours -- you did not need to hire a lawyer to do this. I suspect you may have hired a "credit repair" company which created more problems. I suggest you try sending the credit bureau a dispute yourself, indicating the debt is not yours.



If that doesn't get it removed, then send the collection agency a certified, return receipt letter requesting validation to include copies of contracts or other documentation that proves the debt is yours. If they fail to respond after 30 days, send a letter to the credit bureau request the item be removed as the collector failed to validate. Include a copy of your validation request.



If that doesn't work,, then contact a NACA attorney: http://www.naca.net/. They can advice you how to proceed to sue the collector. For any lawsuit, you really need a papertrail showing that you have covered the basic requirements to get the creditor to correct the error. Hopefully, you have documentation showing that you have tried to get this fixed for the last 5 years.



On the other hand, derogatory items age off your credit report 7-1/2 years after the date of first deficiency (default). You only have 2 years till it ages off.

Answer 3

You have to open a dispute with the credit reporting agency and correct the incorrect information. If you did this already, what was the outcome of the investigation?



There are disreputable collection agencies but they are hired by the company you owe money to. Sometimes the creditor can change names, sometimes the collector sells your debt to another collector.



You are free to file a lawsuit against the collection agency but you probably have to do that where they are located.

Answer 4

I would call them on a recorded line. Just make sure they say that the call is being recorded, if not, you must tell them you're recording.



I would find out what the account is all about. If all you do is dispute on the credit report, then you don't really know if it's yours or not. I would follow up with a written dispute of the debt via certified mail return receipt requested.



If they committed violations (FDCPA/FCRA), you could get a consumer attorney to help you sue them.

Answer 5

You need to check out this video on how to increase your credit score by using a 100% legal loophole. Here is the video URL: http://www.creditscoresecret.org



I was able to get to 595 from 489 in just one day and from 489 to 748 in just a few week; that's pretty fast in my book. Good luck!

Answer 6

Dispute it on your 3 credit reports first.

Have you tried that?

If they are reporting something that is not yours, it will be removed.

----

You gave no details.

If something it's not yours, it is one of the easiest things to have it removed.

IS THIS ITEM YOURS OR NOT?

Ask again and be honest. Don't play games.

Answer 7

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RE :Can I seek injunction in small claims court to remove incorrect info from my credit report?

Hi, I was wondering if I can sue a collection agency in small claims court for poisoning my credit report? What I specifically need to know is whether I can seek (and whether the small claims court can issue) an injunction (not money damages) to remove incorrect information from my credit report. I live in San Francisco Bay Area and the collection agency is registered in Maryland.

Thank you.

Update: P.S. It has been 5 years and with these guys nothing helps. I tried everything, I even hired an attorney to dispute my information with credit bureaus and write the agency dispute letters - it is all futile. I believe lawsuit is my last chance since I don't think these guys are going anywhere any time soon.

Update 2: The info on my credit report is incorrect. I never ever had an account with them or any dealing with them of any sort. I have never even heard of their name until I saw it on my credit report. I have absolutely no idea how they got on my credit report, but judging by the results from googling their name that is how they do their business - they poison your credit report and then extort money.

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