CREDIT REPAIR THRU USE OF LIBEL LAWS
- Credit grantors(banks, department stores,credit card and
mortgage companies) are in business to make money; they
are unlikely to be interested in fighting someone in the
courts and incurring significant legal expenses, possibly
having to pay a judgement while not standing to gain any-
thing - all this just to defend an entry in the credit
file. Therefore if one
has some grounds to argue that there are
questionable entries in one's
credit file it is helpful to discuss the matter with the
credit grantor(s)/bureau so as to drive it home that they are
inviting a lawsuit and then if that was not fruitful
to send certified letter to the credit grantor and/or
credit bureau about such inaccuracies and that in
one's opinion that amounts to libel. In practice a winnable
Libel case has to prove that the credit history entry is
incorrect, that it was entered purposely and that it caused
damage/harm to the plaintiff. It also has to be filed within a year
of a discovery of such libelous claims. Since some credit grantors
purposely make their credit entries as damaging as possible
to make the debtor pay what they claim as due, in many
cases the makings of a winnable case are already there.
The prospect of litigation would usually provide incentive
to the credit grantor/bureau to remove or correct the said
entries from one's credit history record. If however they
are not cooperative, then if one can demonstrate that such
evidently inaccurate credit history items caused one
material harm, such as credit application denied, higher
premium charged for auto and other kinds of insurance or
even employment denied; if so one may well have the grounds
for a libel lawsuit. If not all said conditions are true
one may still sue to get the court order to have such
Specialized site for such lawsuits for Pro Se Plaintiffs
with lots of links and
examples of pleadings
Unless the damage done by the
incorrect entries is substantial, most such cases would be
resolved thru the Small Claims Court. Even a Small
Claims hearing will usually require a lawyer and a supervisor
from the credit grantor to be present in sometimes distant
court. The Defendant(s) is facing a significant expense and
has a compelling reason to settle as lawyers say "amicably".
Link - Definition of Libel in Texas Code, chapter 73 found
thru megalaw.com. Note that a person from legal standpoint
can be a natural person or an artificial person: corporation
or other organisation.
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- Nice to run across you here. :-) I am brand new to this group. Just
prior to joining this group, I had read the web site you mentioned as
well as information at www.bayhouse.com, which has inspired me to
publish my own odyssey through trying to get inaccuracies removed from
my own and my husband's credit reports. We just mailed the first
round of CMRRR letters yesterday. Over the course of the next month
or so I will try to publish and post links to letters, responses and
keep updates of successes and failures, as well if we are required to
proceed to litigation on any of it. I'll only post the links when/if
this information becomes substantial, in case it might be helpful to
The reason I joined the group was to hope to glean information about
two sticky situations relative to credit reports.
My husband has student loans in his name that he never applied for.
He thinks it might have been a result of theft of personal information
from the VA, but we don't know for sure. The most recent student loan
was opened last January for $10,000. We found a form on the Direct
Studen Loan website called Unauthorized Signature/Unauthorized
Payment Discharge application, which we submitted. Most of the blanks
were filled in "unknown". They returned it in 10 days and said the
"information was not complete". They stated that they had highlighted
the incomplete portions for us to complete and for him to sign the
form again and return it. Funny thing is, nothing on the form was
highlighted. So he signed it again, sent them a letter to that effect
when he returned it. I can already tell we are going to be in for
some fun. Immediately after that they sent us an "application for
forbearance". Signing this would be an admission that he was the
borrower, which he wasn't.
I know for a fact that he was not in school this year and certainly
didn't have an extra $10k kicking around.
For my part, my credit report is showing a tax lien from the State of
California FTB for $3k+ for the 2003 tax year. I moved to Texas in
May, 2002. I filed a part year NR tax return in CA that year. This
item was effective on my credit report 04/2006.
On my very first paycheck for January, 2003 my employer inadvertantly
entered California in the computer and about $155 in state tax was
deducted from that paycheck. This error was corrected the following
pay period, and I paid no more income tax to the state of California
for that year. Maybe I coulda shoulda woulda filed a CA tax return to
reclaim that $155 as a non-resident, but I didn't. I don't know why I
didn't, I just didn't.
I don't know if that would have made a difference or not OR if that is
what I should do now to get them to remove that item from my credit
report. But California is claiming I owe for the entire year based on
my total earnings + penalties and interest and whatever else...
I had actualy forgotten about the $155 when I wrote to tell them that
I had moved to Texas in May, 2002 and owe California nothing (after I
found the tax lien on my credit reports). They responded with my
earnings statement for 2003 another tax bill. I haven't written them
back yet. I'm still trying to figure out if I can make them just go
away if I file that 2003 return. Thanks to Hurricane Rita I don't
have a lot of my records for that year.
Anyway, I have read through some of the posts and am looking forward
to participating in this group. I enjoy doing legal research when I
have time and hope to be of some assistance sometimes, too.
--- In firstname.lastname@example.org, "law_self_help"
> Specialized site for such lawsuits for Pro Se Plaintiffs
> with lots of links and
> examples of pleadings
> Unless the damage done by the
> incorrect entries is substantial, most such cases would be
> resolved thru the Small Claims Court.