Sunday, March 14, 2010

Can you sue someone for putting bad things on your credit report?

I had a doctor put something bad on my credit report that I owe him money when in fact he was the one who made the mistake and failed to accept my insurance which he was supposed to do. It has been on there for years and now that I am trying to get credit, I am really upset because I don't feel I did anything wrong. How can you get even with someone who reports you to a credit bureau and you feel they were wrong? Any legal rights? Thank you.

Can you sue someone for putting bad things on your credit report?
Unfortunately, you must first follow the procedure in the Fair Credit Reporting Act that says you must dispute the error first. The credit bureau will validate the debt, and if the creditor says it's valid, it will stay on your report.





At that point you can then file a lawsuit against the doctor for any damages it caused you.





But if the debt is removed, there is nothing you can do. The creditor can simply declare it was an honest mistake and take advantage of one of the loopholes in the FCRA.





So your first step is file a dispute.
Reply:You cannot file a lawsuit against the doctor as the debt is correctly reported. Report Abuse

Reply:Have you tried contacting the credit bureaus and requesting that they validate the debt? If not, send a note to them stating: Per the Fair Credit Reporting Act I am requesting validation of this alleged debt. They must either validate it or remove it.
Reply:You can try to dispute the entry with the credit bureaus. Maybe the doctor won't bother to verify the item and it will be removed. However, if that doesn't work, you are stuck.





The problem is that the debt is yours. When you went to that doctor's office you signed paperwork that said you would pay if the insurance didn't. Doctors only file insurance claims as a convenience for the patient. They don't have to.





When you first got the bill from the doctor, you should have contacted your insurance company and worked something out. If your insurance company wouldn't pay (which often is the case), you should have settled with the doctor.





The good news is that the negative will fall off your credit report. The bad news is that it will be 7 years and 180 days from the delinquency date.
Reply:Why do you say he "was supposed to" accept your insurance? According to what?





Either he didn't accept it or the insurance denied the claim. Ultimately, you are responsible for the fee if your insurance, for whatever reason, doesn't pay it. You undoubtedly signed forms agreeing to that when you saw the doctor.


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