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CREDIT REPAIR THRU SMALL CLAIMS COURT

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  • law_self_help
    Credit grantors(banks, department stores,credit card and mortgage companies) are in business to make money; they are unlikely to be interested in fighting
    Message 1 of 1 , Jan 26, 2004
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      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 reasonable basis to believe that there are
      questionable entries in one's
      credit file it is helpful to discuss the matter with the
      credit grantor(s)/bureau 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. 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
      entries corrected/removed. 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".
      Please see an example of a Libel Lawsuit filing,(of course a Small
      Claims Court will NOT require any formal filing of this kind) -
      http://www.quackwatch.org/11Ind/bolensuit.html
      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.
      http://www.megalaw.com/tx/txcodelinks.php?page=
      links&CQ_SESSION_KEY=WOAQKFROUNGQ&CQ_QUERY_HANDLE=
      126023&CQ_CUR_DOCUMENT=11&CQ_TLO_DOC_TEXT=YES
      --------------------------------------------------------------
      Disclaimer: The author of the above text who is the moderator
      of the Legal Self Representation group is not a licensed attorney
      and had no formal legal training. The above is just the opinion of
      the author on this topic and should not be construed as legal
      advice.
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