After I’m able to prove that a debt is not mine, can I sue the company for defamation if they refuse to remove the debt from my credit report?

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After I’m able to prove that a debt is not mine, can I sue the company for defamation if they refuse to remove the debt from my credit report?

I recently found a collections on my account for a utility from a state that I’ve never lived in. I disputed and filed a police report for identity theft after finding out that the account was opened with my name and SSN. II paid for a prof background check on my SSN to make sure that there was no criminal history and found perp (same name as me) and his family listed as possible relative and was reported to live with me at one or more addresses. Perp’s entire address history is in state where utility was opened. Although address associated with utility is not listed, there’s a PO box in same city.

Asked on May 10, 2012 under Personal Injury, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Assuming you can demonstrate that the debt that is being reported as to you is improperly reported and is not yours, you may have a factual and legal basis for filing a lawsuit against the credit reporting agency for false light (a form of defamation) assuming you set up the credit reporting company for such a claim.

In order to do so, you need to submit written documentation showing that your credit rating is being improperly reported and request a proper update. I suggest that you consult with a personal injury attorney about your possible claim. One issue I see is how you would be able to prove your damages assuming you can establish liability.


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