A “Sample Letter To Dispute Late Payments After Bankruptcy Filing” is a letter you send to creditors. It addresses incorrect late payment reports on your credit report. This often happens after you’ve filed for bankruptcy.
Are you seeing late payments reported after your bankruptcy discharge? You’re not alone. We know how frustrating this can be.
That’s why we’re sharing sample letters. Use these templates to dispute those errors. Let’s fix your credit report together.
Sample Letter To Dispute Late Payments After Bankruptcy Filing
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
[Credit Bureau Name]
[Credit Bureau Address]
[Credit Bureau City, State, Zip Code]
Subject: Dispute of Late Payments – Account Number [Your Account Number]
To Whom It May Concern:
I am writing to dispute late payment entries on my credit report for account number [Your Account Number], reported by [Creditor Name]. These entries are inaccurate because I filed for bankruptcy under Chapter [Chapter Number] on [Date of Filing].
The bankruptcy filing should have automatically stayed any collection activity, including the reporting of late payments that occurred after the filing date. The late payment entries reported after [Date of Filing] are therefore incorrect and should be removed.
I have attached a copy of my bankruptcy discharge papers as proof of my filing.
I request that you investigate this matter and remove the inaccurate late payment entries from my credit report as soon as possible.
Thank you for your time and attention to this matter.
Sincerely,
[Your Signature]
How to Write Letter To Dispute Late Payments After Bankruptcy Filing
1. Crafting a Compelling Subject Line
The subject line is your herald. It needs to be succinct yet informative, compelling the recipient to open your missive. Don’t be vague.
- Be Direct: “Dispute of Erroneous Late Payment Reporting After Bankruptcy”
- Include Account Number: “Dispute – Acct. # [Your Account Number] – Late Payment Reporting”
2. The Salutation: Setting the Tone
Address the creditor or reporting agency with appropriate formality. Avoid excessive chumminess; remain professional and resolute.
- Preferred: “Dear [Creditor Name] Dispute Resolution Department,”
- Acceptable: “To Whom It May Concern,” (if specific contact is unobtainable)
3. Introduction: Laying the Foundation
Clearly state your purpose. Immediately identify the discrepancy and assert your rights under bankruptcy law. Conciseness is paramount.
- Identify Yourself: State your name and account number.
- Declare the Dispute: Indicate that you are disputing the reporting of late payments.
- Reference Bankruptcy: Mention the bankruptcy filing and case number.
- Example: “I am writing to dispute the late payment reporting on account number [Your Account Number]. This account was included in bankruptcy case number [Your Bankruptcy Case Number], filed on [Date].”
4. Elucidating the Factual Backdrop
Provide specific details regarding the bankruptcy discharge and its implications for the debt in question. Be meticulously accurate.
- State Discharge Date: “The bankruptcy was discharged on [Date of Discharge].”
- Explain the Effect: “Under bankruptcy law, this discharge prohibits the creditor from attempting to collect this debt. Reporting late payments after the discharge is a violation of my rights.”
- Cite the Law: Consider referencing the Fair Credit Reporting Act (FCRA) and relevant bankruptcy code sections (consult legal advice for specific citations).
5. Demanding Rectification
Clearly articulate what actions you expect the creditor or reporting agency to undertake. Leave no room for ambiguity.
- Request Investigation: “I request that you investigate this matter immediately.”
- Demand Correction: “I demand that you cease reporting late payments and correct the inaccurate information on my credit report.”
- Specify Timeline: “I expect a response within 30 days outlining the actions you will take to rectify this issue.”
6. Furnishing Substantiating Documentation
Include copies of relevant documents to bolster your claim. Never send originals.
- Bankruptcy Petition: Copy of the bankruptcy petition filing.
- Discharge Order: Copy of the bankruptcy discharge order.
- Credit Report: A recent copy of your credit report highlighting the disputed entry.
- Statement: Any creditor statements showing the account was included in bankruptcy.
7. The Valiant Closing
End on a firm but polite note. Reiterate your expectations and hint at potential recourse if the matter is not resolved amicably.
- Reiterate Demand: “I trust that you will give this matter your immediate attention and resolve this issue promptly.”
- Mention Recourse: “Please be aware that if this matter is not resolved, I will explore all available legal remedies.”
- Closing Salutation: “Sincerely,” or “Respectfully,”
- Signature: Your typed name.
Frequently Asked Questions: Disputing Late Payments After Bankruptcy
This section addresses common inquiries regarding disputing inaccurate late payment reports to credit bureaus following a bankruptcy filing. Understand your rights and how to take action to correct your credit history.
Why am I still seeing late payments on my credit report after filing for bankruptcy?
Late payments appearing after your bankruptcy filing may be inaccurate if those debts were discharged in the bankruptcy. Creditors are prohibited from attempting to collect on discharged debts, and reporting them as late can be a violation.
When should I send a dispute letter?
Send a dispute letter as soon as you notice inaccurate late payments on your credit report after your bankruptcy discharge. Prompt action is crucial to preventing further damage to your credit score.
What information should I include in my dispute letter?
Your dispute letter should include your personal information (name, address, date of birth), the account number in question, the specific late payments you are disputing, a clear explanation of why the payments are inaccurate due to the bankruptcy discharge, and a copy of your bankruptcy discharge papers.
Where should I send the dispute letter?
Send your dispute letter directly to the credit bureaus (Equifax, Experian, and TransUnion) and to the creditor or company reporting the inaccurate information.
What happens after I send the dispute letter?
The credit bureau and/or creditor is required to investigate your claim within 30 days. They must correct or delete the inaccurate information if they cannot verify its accuracy. You will receive a response detailing the outcome of their investigation.
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