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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33702
Experience:  Attorney for over 15 years, landlord 26 years
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I go into great detail on my situation below but my core

Customer Question

I go into great detail on my situation below but my core question is this: is the existence of a dispute between me and a creditor (in this case, a landlord) who assigns amounts I allegedly owe to a collections agency (CA) an auto-ding for my credit score, regardless of whether or not I have a solid case for breach of contract/lease? Full details available here: https://www.reddit.com/r/legaladvice/comments/4c2m8r/txil_lt_debt_collection_question_i_strongly/
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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is the existence of a dispute between me and a creditor (in this case, a landlord) who assigns amounts I allegedly owe to a collections agency (CA) an auto-ding for my credit score, regardless of whether or not I have a solid case for breach of contract/lease?

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It can be unless you file a formal dispute with the credit agency objecting to any negative entry. If you object to it, then the credit agency will contact the creditor and request validation of the debt in the form of paperwork supporting their entry. If the creditor can't provide the info, then they have to remove the entry within 30 days.

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If they have reported something incorrectly or inaccurately and it affects your credit negatively, then if you sued them for defamation and libel, you can receive punitive damages as well as an injunctive order for them to remove the negative entry.

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With that said, if they haven't reported anything yet, you can send them a certified letter stating that if they do report an unfounded negative entry on your credit, you will report them to the Federal Trade Commission for a violation of the Fair Credit Reporting Act as well as sue them for defamation and libel.

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thanks

Barrister

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