Islip, NY asked in Consumer Law, Banking and Business Law for New York

Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute its appearance on your personal credit file.

To dispute the item, you should first obtain a copy of your credit report from each of the major credit bureaus where the charge-off appears. Review the reports carefully to ensure that the entry is indeed incorrect or unjustified. Then, file a formal dispute with each credit bureau, explaining why the item should not be on your personal credit report. Provide any supporting documents that affirm the credit card was solely in the business's name without personal liability.

Finally, follow up regularly on your disputes to track their progress. The credit bureaus are required by law to investigate disputes typically within 30 days. If your dispute is successful, the charge-off will be removed from your personal credit report. If the credit bureaus determine the information is accurate, you may need to seek legal advice to explore further options for removal. Keep copies of all correspondences and documents related to your disputes for your records.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.