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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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9 years ago we ( then married) checked into backruptcy

Customer Question

9 years ago we ( then married) checked into backruptcy talked an lawyer at office just to inquire . Not knowing that they filed our ( check in ) now I'm divorced trying to rebuild my credit!! But they have me with a bankruptcy on my credit report how do I get it off. We didn't even file!!
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is absolutely no way that the credit reporting agency would know that you had talked to a lawyer about bankruptcy if nothing was filed.

You state "Not knowing that they filed our (check in)". What did you mean by that?

Expert:  Dwayne B. replied 4 months ago.

Also, how do you know it is on your credit report? Have you seen your report?

Customer: replied 4 months ago.
I just got copy from my credit card company
Expert:  Dwayne B. replied 4 months ago.

Okay. I still need an answer to that first question about the check in though.

You have a couple of things you can do, depending on how much time you want to spend on it.

My suggestion is to go hire a lawyer just to send a letter to the CRA challenging this entry, explaining that you didn't file bankruptcy, and asking them to remove it. If a lawyer send it then they are going to respond much faster and much more accurately. However, you can certainly send it if you don't want to spend the money that a lawyer will charge (which won't be much).

The problem you will have is that there is no way to prove to them that you didn't file bankruptcy. The clerk isn't going to give you an affidavit because they are not required to. There is really nothing they can give you because they don't have anything.

So you challenge it and see what they do.

If they don't clear it then you can file a complaint with the Federal Trade Commission but that takes forever for them to even look at the case and I've never seen them actually do anything unless there are a bunch of complaints.

If none of this works then your only next step is to sue them in either state or federal court. I don't see a problem with you winning it and at that point you can subpoena the clerk to come to court and testify but you are going to have to hire the lawyer and pay them upfront unless you plan on doing it yourself and these cases are difficult as far as the procedures. That's another reason to hire the lawyer to send the letter, they will phrase it in such a way that you are sure to get your attorney's fees awarded to you when you win plus it may set them up for some additional damages as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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