Should I bother with Fraud on my credit report can I Sue?

[monieleazenby]

Can I sue a company for adding this to my credit when it is not mine?

BGECRB/WALMART
603220******3804
09/07 10/00
09/03
$400
REV
$0
$0
$0 95 0 0 0 PAID
XP
ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST

After all these years I just found out about this on 12/2013 when I decided to pull my credit reports. Can I sue this company or go after them besides getting this taken off my CR? I talk to Walmart they said they put it on my credit by mistake, how could they have done this using my SS# I have never in my life used a line of credit with Walmart I use cash. They agreed this was not mine and were sorry. What can I do about this if it is even worth it since it's so old?

Fact remains I will have this taken off my credit I think I have to contract the CB for this one what do you advise, can I SUE?

Monie

[titanofold]

You can only sue if you can prove damages were caused by it, or if the CRAs fail to remove it before 30 days (or is it 45 days?).

Dispute the account as "not yours" with the CRAs, and it should dispear shortly.

[RobertEG]

Under the FCRA, you must show that inaccurate reporting was done with their knowledge at the time of its reporting that is was inaccurate, or that they should have known it was inaccurate, and were negligent in reviewing before reporting.

It is not a violaton of the FCRA to have simply reported iaccurate information.  No statute can mandate human accuracy.

It becomes a violation if they know, or should have known, that it was inacurate.  A tough burden to prove.

As for how to resolve the issue,you can choose to dispute the accuracy of their reporting.

That requires them to conduct a reasonable investigation, and either verify, correct or delete the information.

If they have records, even though fradulent/resulting from use of your name by another, they could nonetheless verify based on that information.

They are not required to prove the legitimacy of whatever documenst they have that lead them to their conclusion that you were the responsible party.

Thus, a dispute based on an assertion of "account not mine" often results in proper verification of accuracy.

That is the purpose of the identity theft process under the FCRA.  Under that process, the entire issue of your factual responsibility fot the account is not considered.

If you are willing to put your assertion that you never authorized any account or transactions under an account into the form of a sworn police report, the CRA must block any and all information pertaining to that assertion from your credit report.  No consideration of proofs are needed, and the reporting creditor/debt collector has no part or say in blocking of ther reporting from your credit report.

[monieleazenby]

I contacted the CB yesterday and they removed it on the spot I was happy about it, I don't know if it will inprove my credit report, but I also disputed my BK that I never filed for so I'm hoping it will be taken off. Thank you for all of your feedback

Monie