Can I bring up inaccurate credit reporting when responding to summary judgment?
Here’s an example:
Let’s say Midland is suing me for $5,000.
A summary judgment means they are telling the judge no trial is necessary because no reasonable person could find anything different.
They say it is obvious that I owe the debt.
However, my credit report says that I owe $4,000. Not $5,000.
I disputed the error and they say they have verified this and it is 100% accurate.
If the $4,000 amount on my credit report is accurate, this means there is a discrepancy.
They are suing for $5,000 but on the credit report, it says $4,000.
But they swear both are completely accurate. Which one is it?
This can help me if I am facing a summary judgment.
Look for inconsistencies.
Was the date of the last payment wrong?
Was the account opening date wrong?
Even if the error is not a good defense for the collection action, it may give you the ability to sue Midland in a separate lawsuit.
Whenever someone comes to use and they have been sued we always ask them to pull their credit reports.
We want to see what the debt collector is reporting.
Does this give me a defense in the collection action?
If not, does it give me a reason to sue them for false credit reporting?
In the most ideal situation, we would use the credit reports to find a defense against the collection action, win, and then sue for the error.
We hope this is helpful to you!
If you live in Alabama and you have any questions, feel free to get in touch with us.
We would be glad to help you in any way we can.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.
Thanks for reading, and have a great day!
P.S. If you are interested in learning more about summary judgments, check out some of our other articles below: