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New York, NY(212) 365-4875
Clemenza Concierge

Credit, debt collectors and scams

Your credit report is wrong, and it is costing you

Most people find out the same way: a loan declined, an apartment application rejected, a card limit cut. You pull your report and there it is, an account you never opened, a debt you settled still listed as unpaid, or a stranger's history mixed in with yours.

A credit report is compiled by private companies called credit bureaus (the three national ones are Equifax, Experian and TransUnion) from information sent by lenders and collectors. Federal law requires the bureaus and the companies that report to them to handle disputes properly. When they do not, you may have a claim.

Tell us what happened

Start with a written dispute, and keep a copy

The first step is almost always a dispute to each bureau showing the error. Online forms are quick, but they can limit what you can explain and attach. Many people send a letter by a method that proves delivery, with copies of documents showing the entry is wrong.

Also dispute directly with the company that reported it, such as the bank or collector. The law puts duties on that company too, once it hears about the dispute from a bureau.

What the bureaus are supposed to do

Once a bureau receives your dispute, federal law requires it to investigate reasonably, pass it to the company that supplied the information, and correct or delete what can't be verified. The law sets a time frame for this. A reply that simply says the information was "verified", with no sign anyone looked at your documents, is a pattern a lawyer will want to see.

When the error keeps coming back

Sometimes an entry disappears and then reappears, or a mixed file (where your report contains someone else's accounts because of a similar name or number) is fixed at one bureau but not another. Record those carefully: the date it came off, the date it came back, and any letter in between.

What the error cost you

A claim is stronger when you can show what the error did. Keep any denial letter, the terms you were offered instead of those you applied for, and notes on the stress and time it has taken. Lenders often have to tell you in writing when a credit report played a part in turning you down.

What helps to have ready

  • Recent reports from each bureau showing the error.
  • Every dispute you sent, with proof of sending and delivery.
  • Every reply from the bureaus and the reporting company.
  • Documents showing the entry is wrong: a payoff letter, a settlement agreement, an identity theft report.
  • Any denial letters or worse loan terms caused by your report.
  • A short timeline of when you first saw the error and what you have done since.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

Where do I get my reports?

AnnualCreditReport.com is the site the federal government points consumers to for free copies of their reports from the three national bureaus. Be wary of look-alike sites that ask for payment.

Should I pay a credit repair company to fix this?

You can dispute errors yourself at no cost. Federal law puts limits on what credit repair companies can charge and promise. If your disputes have failed, a lawyer can look at whether the bureau or the lender broke the rules.

The account is from identity theft. Does that change anything?

It helps to file an identity theft report through IdentityTheft.gov and, if you can, a police report. Those reports give you additional rights to have fraudulent information blocked from your report.

More about credit, debt collectors and scams

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.