How can I get debt discharged in my bankruptcy taken off my credit report? · A bankruptcy does not remove credit information. A credit report may continue to show payment history before the bankruptcy was filed. It should, however, also show that the debt has been discharged. While the listing for most creditors will be changed upon the discharge, on occasion this does not happen and you will need to take steps to correct the listing.
To correct the information on the credit report, you will need to:
2. Make a list of errors on the report. In addition to correcting a listing not showing the discharge, you may want to remove as much other adverse information from the report as possible. Make a list of all information which should be removed. This includes not only errors, but old adverse information.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq) places limits on how long negative information can stay in your credit report. The length of time depends on the nature of the activity and credit being applied for:
Also look for:
3. Make a written request to correct the report. Complete the "request for reinvestigation" form which was enclosed with your credit report, or if there was no form with the credit report, send a letter. List each incorrect item and explain exactly what is wrong. Be sure to keep a copy of your request for reinvestigation. Once the credit bureau receives your letter, it must reinvestigate the matter and respond to your request within a "reasonable time," usually interpreted as 30 days. If you do not hear from the bureau within 30 days, send a follow-up letter. If you let them know that you are trying to obtain a mortgage or car loan, they can do a "rush" verification.
If you are right, or if the creditor who provided the information can no longer verify it, the credit bureau must remove the information from your report. The credit bureaus will often remove an item on request without an investigation if rechecking the item is trouble than it is worth.
If the credit bureau insists that the information is correct, you may want to contact a credit bureau representative at the phone number listed on the credit report. If they advise that the creditor claims the information it has reported is correct, you will need to contact the creditor and ask that they correct the report they have made to the credit bureau. Write to the creditor's customer service department, vice president of marketing, and president or CEO. If the information was reported by a collection agency, also send the collection agency a copy of your letter. Be sure to keep a copy of your letter.
If you feel a credit bureau is wrongfully including information in your report, or you want to explain a particular entry, you have the right to put a 100-word statement in your report. The credit bureau must give a copy of your statement or a summary of it, to anyone who requests your report.
If a credit bureau employee violates the law, you can complain to the Federal Trade Commission, 6th & Pennsylvania Avenues, NW, Washington, DC 20580. Complaints should be in writing and should include the name of the credit bureau, its address and phone number, the name of the employee you dealt with, the nature of the problem, the dates of your contact with the credit bureau and copies of documents that pertain to the problem. It may be helpful to send a copy of this letter to the credit bureau.
If you were seriously harmed by the credit bureau's improper action (for example, it continued to give out false information after you requested corrections), you may sue. The Fair Credit Reporting Act lets you sue a credit bureau for negligent or willful noncompliance with the law within two years after the bureau's harmful behavior first occurred. You can sue for actual damages, such as court costs, attorney's fees, and lost wages. In the case of truly outrageous behavior, you can recover punitive damages (damages meant to punish for malicious or willful conduct), but punitive damages for violating federal law may be limited to $1,000. It is not an easy case to win, and you will need good evidence including complete documentation of repeated abusive.
The fees for Chapter 7 and 13 do not include any action to correct credit report information. Additional fees will be incurred in dealing with creditor compliance issues and will require a retainer to be paid in advance of services being rendered.