Can I sue an auto finance company for losing payment checks and then reporting them as not received and late on my credit?

UPDATED: Feb 22, 2012

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Can I sue an auto finance company for losing payment checks and then reporting them as not received and late on my credit?

Set up an automatic check distribution to go out every month, obtained all payment information (address where to send checks) from receiving company, company has lost checks on several occasions and reported them as late or never received. I have proof of the checks being sent out including check numbers, after contacting finance company they say I’ve been sending the checks to the wrong address (the one they originally gave me) and gave me a new address to send them to. Also, note, on 2 other occasions they switched back and fourth between these 2 addresses.

Asked on February 22, 2012 under Bankruptcy Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it is possible for you to bring a legal action against your auto finnace company for an injunction to change the reporting of your paid checks that were lost as not being paid due to the error by the auto finance company.

Rather than filing an expensive and costly lawsuit, I suggest that you call and write the auto finance company about the problem and send all documentation needed to possibly right the problem that you have written about. Possibly this suggestion will save you a lot of time, expense and aggravation?

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