There are at least two people here who are having trouble with things on their credit reports that shouldn't be there (as far as I can tell) - dana replogle and lordslady - I posted to both. BUT I am really in over my head now and wish a lawyer on this list could advise them on what needs to be done, and how to do it, to get credit problems fixed. I'm sure there are others too - it's one of the things that goes with the divorce territory, isn't it?

Not a lawyer, but have dealt with credit agencies that screwed up. You have already posted good advice and good links, the Attorney General suggestion is really neat.

I believe keeping it succinct and civil, businesslike, and all in writing helps. And telling the creditors when and where they can contact you. Or not to call you.

Doing it on paper takes the emotion out of it. It also provides a hard copy so you don't have to rely on your memory.

Another thing - in having to deal with collection agents themselves - you can do a lot of research on how collection agents may behave themselves legally, and where they may not go legally. Do a google search for Fair Debt and Collection Practices Act.

My last encounter with a collection agent occurred while I was commuting 70 miles to work - and my son was home for summer break. His dad was working - massage therapy clinic in our home. A collection company agent called six times in 45 minutes, and our son answered to keep the phone from disturbing his father's client. This guy proceeded to yell at my son (11 years old). Son called me at work after the 4th threat. He learned how to turn the ringer off from me at that point, but two more times the number appeared on caller i.e. I don't even remember what the bill was for, but it had already been paid. They just hadn't gotten it logged into their computer yet.

I took a break and went to an unmonitored phone. Called the guy and proceeded to "very firmly" asked for his supervisor. I told him that according to the Fair Debt law, at my request, his company no longer had the right to call or retain my home telephone number. That I had recorded the caller i.d. and could easily retrieve the phone records from the phone company if I had to, if there was one more call to my phone number. The supervisor was astonished that we had logged six calls in less than 35 minutes from them. I then told them how they threatened and belittled my son, and if there was any further incident, that would be brought to bear as well. The tough-talking, threatening guy's supervisor was all over himself apologizing.

Before that, my husband had a phone book ad that had less than $120 left to pay, when it went to collection. That yay-who who thought he was going to flex his muscles on me was in for a rude surprise. He threatened a lot of stuff I knew was illegal if I didn't pay the whole thing all at once. I offered a $20 payment plan, based on my husband's existing weekly client load... He told me Fair Debt laws didn't apply in commercial "fraud" cases.. Oh My. Fraud charges??? for $120?? Mr. Bigshot? I told him to send the summons.

In the mean time I called the original creditor and asked them if they wanted to be paid. Of course they did. I asked them if they were aware that their collection agent had just turned down a payment plan, and threatened me, and I would not talk with anyone so abusive, but since they were on my way home, I'd be happy to drop off a weekly payment that I had promised him... They asked me to hold on, while they reamed him out. They told me to call him back that he would accept payments. I told them I wouldn't talk with him; that I would only speak to his superior from then on. Which I did. The creditor was all over themselves apologetic - they recognized that the collection agent represents THEM and can harm future relationships...

Oh, and by the way, I knew how to handle myself on these calls because the previous collection agent I went through ended up pushing me too far, and I became "woman, hear me roar!" Not to him; to the Federal Trade Commission, to my senators and congressman when the FTC failed to respond in a timely manner (asked them if they could please send the FTC more funding as they didn't seem to manage a collection agent who had previously broken the law enough times to have $150,000 of uncollected fines, etc...) and then I talked to the U.S. Marshall's office, the State Attorney General and the county attorney. I saw a room of evidence filled to the ceiling - and mine filled an entire box - with recordings of his threats. I even notified his supervising minister (yes, he had a rather high-up position in his church) of his actions. It took over 6 years for all the wheels of justice to roll over this man, but he spent five years in Federal Prison, and last I heard, his minister finally got back with me to inquire if they could use my letter in a church court hearing... He has no clue who put him away. He'd violated so many people.

If you first and foremost believe you deserve to be treated with respect, it pays to not get angry, but to know the law well enough to stand up and state that they can behave according to the law, or you will take action, starting with the FTC.

I once had a good friend who worked for a collection agency.
Do y'all know what a paper tiger is?
It's a beast that roars and looks pretty awful.. but it's just full of hot air and EMPTY THREATS. My friend clued me in on the fact that is all collection agencies can do.. is threaten. Nothing else. They have purchased a bad debt from a creditor and they want to get some money out of it. Eventually, if the debt is not paid, they sell it to another collection agency.. I personally know of a Sears bill that has been sold and resold about 5 times now.. since 1993.
Just something to think about. I'm not advocating not paying your just debts, but in cases where an ex-spouse has saddled the Betrayed Spouse with unjust debt, it's something to consider.
Harold
ONLY MY OPINION

KaylaAndy, Oooooh. Excellent.

First things first.

1) Order copies of your credit reports from each of the three reporting agencies. You're entitled to one free a year. You can do so at www.annualcreditreport.com

2) Review each item on each report and dispute inaccuracies.

3) Do not provide any additional information....ie: copies of bills, check, bankruptcy forms, etc. It is the credit reporting agency's responsibility to research and validate the information within 30 days. If they are unable, they must remove the item from the report.

Good Luck!

It's been a really crazy week between working late and having flooring installed Wednesday and again tomorrow in my home. I haven't had the evening time to put together my info, but hope to this weekend, once I get my house back to some sort of order.

As for those free credit reports, they're a great deal! It was by pulling my free report from Experian that I discovered that I had the over-30 day report from the credit card company a couple weeks ago). I decided I'll pull one from one of the other two reporting agencies in 4 months, and the one from the third agency in 8 months so that I can monitor my credit on a rolling basis.

However, it's not that the credit card company reported me without reason, but because the "joint" card that my now XH and I have that was reported is one he was supposed to have closed 7 days after our DV was final, according to our DV decree. Instead, he kept it open and charged the OW's engagement ring in December, then is dragging his heels keeping current on the payments.

The credit card company won't let me take my name off or close the account because XH is the primary account holder (actually, XH finally closed it last month, but still has the outstanding balance, so it's still creating issues--he just can't charge any more on it).

But I've gotten some advice from people on here and will try that and see what happens. It can't hurt.