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how to sue a company for slander

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screede

Guest
What is the name of your state? Georgia
my mortgage loan servicing company located in Texas has reported wrong information to the credit reporting agencies. i have tried to have them remove it but they ignore me. I want to sue for Slander/Libel i dont know which. Can i do this, how do i do this. I have a payment history they mailed me and I have all the cancelled checks to prove my point.
Thanks
 
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Izzy321

Guest
1) You would be suing for libel. Slander implies intent, which would be difficult for you to prove, since it's a mortgage company.
2) You can't sue for slander, libel, pain and suffering, or anything along those lines in small claims court. You have to take it a civil court, and, hire an attorney.
Usually a letter of intent to sue from an attorney, which costs about $200-$300, will make the other party open their eyes and correct their mistake. If it doesn't, then you might want to make sure your state has a "loser law" so that you don't get stuck with the attorney's fees after winning your case.

Have you obtained a copy of your credit report? You also have the option of challenging any negative items on it, and, that would leave the burden of proof on the other party. You would have to go through all 3 major credit reporting agencies, and, you'd have to pay for a copy of your credit report each time, but, it would be cheaper and just as effective as suing.
 

JETX

Senior Member
Izzy is mostly correct, but not when it comes to slander vs. libel. The difference is NOT intent.
Slander is verbal or spoken defamation.
Libel is written defamation (as in a letter or newspaper).
Defamation is and attack on a good reputation of a person (can be either slander OR libel).

In any case, back to the question by screede:
Your problem appears to be that the CRA (Credit Reporting Agency) is showing incorrect information in your credit profile. Though this is directly a result of information by the mortgage company, you are going about it incorrectly if you are trying to get the creditor to correct the report. The FCRA (Fair Credit Reporting Act) gives you specific rights... the main being to accuracy of the information in the CRA files.

FCRA:
http://www.ftc.gov/bcp/conline/edcams/fcra/index.html/

Summary:
http://www.ftc.gov/bcp/conline/edcams/fcra/summary.htm

I suggest you read the FCRA and send the applicable CRA a letter (including your documentation) asking them to investigate the report. The CRA is required to validate the information in the file, and to remove it if it is not correct. Further, even if it is correct, the CRA is required to include your information or comment into the file.
 

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