my husband had a truck reposessed over 15 years ago but it was a smart buy payment. Somehow evry couple of years they re submitt it and it is the only negative thing that is still on his credit record. We have wriiten letter to the credit departments to dispute it but we are not getting anywhere what should we do
Country relating to Question: United States
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.This is a very common "reaging" of the account which is illegal. Unfortunatley the credit reporting agencies seem to encourage rather than discourage the practice. You are allowed to dispute the report once every thirty days. I have known of people who simply keep sending in the dispute letters once every thirty days and it seems to eventually work but it might take 6 months to a year. Your other option is to sue the agency that is making the report for your damages but that is a difficult process.
How would one sue the company that is resubmitting this claim? Can we do so without hiring a lawyer or would we need an attorney?
Finding them in order to sue is usually the problem. Then you are going to have to sue them in their state, usually in Small Claims court. You can call the court in the county where they are located and the clerk will mail you a copy of the forms to fill out. You would usually first send the collection agency a certified letter demanding removal of the report. That way you can prove to the court that they had notice and did not comply.
fantastic thanks! can you tell me what city and state Centander Bank and auto finance is located?
This may be themhttp://www.santanderconsumerusa.com/default.aspx
Actively practicing trial attorney
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