Can I sue my lienholder for false reporting on my credit report?

Question Details:

I recently went through a bankruptcy in which I reaffirmed my car loan because of the positive reporting on my credit. My Chapter 7 got discharged. On my credit report it states that the car was retained and reaffirmed. However the lienholder started reporting that it was included in bankruptcy and there is a zero balance. I have made every payment and would like my positive rating reflected as such. The lienholder failed to send reaffirmation paperwork and now keeps asking for a document that they did not furnish. Can I sue them under the FCRA? They keep reporting it as such even after my dispute.

Asked 7/23/2011 under Bankruptcy | 169 View(s) | More Legal Topics

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Bankruptcy Law Answers

Mark J. Markus / Mark J. Markus, Law Offices of Answered 10 months ago | Contributor This attorney is licensed in California

You are correct that if in fact your debt was reaffirmed, your vehicle lienholder should be reporting the current payments under the agreement on your car. It may be a violation of the FCRA, but that is not my area of expertise. You mention, however, that the lienholder "failed to send reaffirmation paperwork". To whom did they fail to send it? Do you mean it wasn't filed with the bankruptcy court? If so, and you have already received your discharge, then your debt was NOT reaffirmed.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

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