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FIXING YOUR CREDIT REPORTS
FROM A DIVORCE
Getting divorced is stressful enough but
the effects on your credit reports can literally ruin you- financially.
The good news is however that you can clean up your credit after
a nasty divorce using some pointers below along with a lot of patience.
Determining your credit
issues
First of all it is absolutely necessary to evaluate your credit
as it stands now. Are there major issues like a pending foreclosure,
unpaid credit card debts or even back child support hindering your
credit? If so you need to approach each issue separate and use any
documentation you have to prove that the item doesn't belong there.
Of course in a marriage both partners are usually responsible for
debts incurred during the marriage but if the debts were incurred
while you were separated or without your knowledge then you may
not be liable for those debts. Sitting down and reviewing all
three credit reports is a must.
One item may not be on
all three credit reports so before you can begin disputing the entry
to a credit bureau you have to determine which bureau is picking
up the item and then write
your dispute to that particular bureau. In your dispute be concise
and include any documentation you have such as a copy of your separation
agreement and who is to pay the debt and or your divorce papers
to prove the debt was incurred after the divorce and without your
knowledge. Please note however that even a court ordered agreement
of who pays what from the marriage does not overrule a contract
that was created during the marriage. The creditor doesn't care
who the judge ordered to pay the debts and if one person defaults
they have the right to go after either or both.
Contacting the credit
bureaus
Once you have determined which debts you are going to challenge
you then need to draft your dispute
letters to the credit bureaus. There are three major credit
bureaus and soon there may be a fourth
bureau that you will have to consider.
Equifax
P.O. Box 740241
Atlanta, GA 30374
800-685-1111 |
TransUnion
Consumer Disclosure Center
P.O. Box 390
Springfield, PA 19064-0390
1-800-888-4213 |
Experian
P.O. Box 2104
Allen, TX 75013-2104
1-800-682-7654 |
Be sure to send your disputes
CMRR- certified mail return receipt so that you will have a paper
trail of your communications with the credit bureaus. By
law the bureaus have 30 days to investigate the items and send
you a new updated version of what they decided. If any portion of
the item they investigated was obsolete or unverifiable, it will
be removed. Even accurate but negative credit can be removed
because the credit bureaus must be able to verify everything as
100% accurate. If they cannot, the item must be removed. This is
how many charge offs, judgments, liens and even bankruptcies are
removed. The Fair Credit Reporting
Act governs these actions.
How long can bad credit
remain legally?
That depends. It is 7 years for debts and 10 years for bankruptcy
although some credit bureaus only report a bankruptcy chapter 13
for 7 years because at least the debtor is attempting to repay his
debts. Judgments can remain
until the statute of limitations
expires to collect it. To learn more about how long bad items can
remain on your credit reports read our "Reporting
Time" article.
Following up
Just as disputing is the only way to get results so is follow up.
Without a solid plan of attack you will accomplish very little.
Be sure you are diligent about following up on the bureaus investigation
and if need be turn your efforts to the original creditor or the
source reporting the item. If you are a patient person you can use
credit repair aids and do the
work yourself. If you are looking for convenience then you can
hire a credit repair attorney
to do the work for you. Either way the same methods are used which
are disputing to the credit bureaus using the FCRA-
Fair Credit Reporting Act, validating
debts, checking SOL's (statute
of limitations for the collectibility of the debt) and and being
persistent.
Divorce Resources
Child
Support Collection: Find answers to state issues with collecting
child support including a calculator to estimate what's owed.
Find
a divorce lawyer in your area: Lawinfo has the largest directory
of attorney's nationwide. Find a lawyer in your city and review
his qualifications online and confidentially.
A
Debt Negotiator can step in and settle your debts to avoid bankruptcy.
You could pay as little as 30 cents on the dollar and settle the
debt completely.
Divorce
Laws for all States: Cornell University lists divorce laws state
to state.
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