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Michigan Lawyers Avoid Sanctions in Credit Reporting Lawsuit

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A law firm defeated a bid for sanctions for filing its ninth credit-reporting suit against Michigan First Credit Union while “conveniently omitting details” showing the reports were accurate, but a federal court in Michigan called the firm’s conduct troubling.

A monetary penalty against attorneys at Credit Repair Lawyers of America isn’t warranted in Vivian Lawson’s case because they filed the complaint before their other clients in similar suits received adverse rulings, Judge Paul D. Borman said Tuesday for the U.S. District Court for the Eastern District of Michigan.

Borman granted summary judgment in Michigan First’s favor. The account information Lawson complained of in an Equifax credit report, provided by Michigan First, wasn’t “in any sense inaccurate or misleading, and no reader of the report could have been confused about the status of the accounts,” he said.

Lawson alleged a used car dealership assigned her installment contract for an SUV to Michigan First. She was obligated to pay $379.05 per month. After insurance costs were added, she allegedly couldn’t afford the payments and the vehicle was repossessed, and eventually the contract balance was paid in full.

She alleged, however, that her Equifax credit report inaccurately represented the contract account and the two insurance loans. They were shown with monthly payment amounts of $379, $328, and $151, she said.

She didn’t attach a copy of the credit report or indicate that the accounts were shown as closed, with a $0 balance, the court said. Her claims survived a motion to dismiss.

But on summary judgment, with the report in evidence, it was clear that the “monthly payment” amounts were historical, not current, the court said.

A recent Eastern District of Michigan ruling in a similar case filed by the same counsel saw “a reasonable inference that the details may have been omitted for the purpose of bolstering the viability of the claims against early dispositive motion practice, despite being premised on claims that plainly (now) are seen to be without merit,” according to Borman. The court in that case wondered “whether due regard was paid by plaintiff’s counsel to his duty of candor to the Court.”

Borman said the same was true here. “Plaintiff’s counsel’s failure to include in the complaints in each case the very information from the credit reports that dooms the FCRA claims cannot be seen as unintentional or accidental,” he said.

The court “is troubled by Plaintiff’s counsel’s conduct in this case, and others it has filed in this District, and expressly warns Plaintiff’s counsel that continuing to file and pursue similar baseless claims going forward will likely result in sanctions,” he said.

Holzman Law PLLC represented Michigan First.

The case is Lawson v. Mich. First Credit Union, 2021 BL 260798, E.D. Mich., No. 20-cv-10460, 7/13/21.

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Dave says: If you need a cosigner, you're not ready – Northeast Mississippi Daily Journal

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How to improve your credit score in 2021: Easy and effective tips

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If you’ve ever wondered “What is my credit score?” it’s probably time to find out. Having a good credit score can make life a lot more affordable. If you’re about to buy a house or car, for example, the higher your credit score is, the lower your interest rate (and therefore, monthly cost) will probably be.

Your number may also be the deciding factor for whether or not you can get a loan and ultimately determine if you are even able to buy something you want or need.

So, yes, the goal is to have the highest possible credit score you can, but increasing the number doesn’t just happen overnight. There are important steps to take if you want to increase your score, and the sooner you start working on it, the better.

“If you’re trying to increase (your credit score) substantially to accomplish a goal, you’re really going to have to have as much lead time as possible,” said Thomas Nitzsche, director of media and brand at Money Management International, a nonprofit financial counseling and education provider that advises people on how to legally and ethically improve their credit score on their own.

If you have fair credit and you’re trying to improve the number for a house purchase, for instance, you’ll want to start working on it at least a year in advance, he explained to TMRW.

But even though that sounds like a long time away, you can (and should!) start doing things right now to bump that number up. Below, see seven things you should do — and not do — to help improve your credit score:

1. Review your credit report

Review your credit report and look for errors that might be hurting your score. Morsa Images / Getty Images

The first thing you’ll want to do is pull up a copy of your current report so you know where you stand. You can get free reports from all three agencies — TransUnion, Experian, and Equifax — at annualcreditreport.com. Nitzsche said it’s important to take a moment and understand the financial snapshot of where you are today and where you want to be.

You’ll also want to take some time and look for any errors on your report, which could negatively impact your score. “If your name is misspelled, that’s not going to hurt your score,” he explained. “But if you see a late payment or missed payment (that’s in error), or maybe you have an account that should be reporting but isn’t, then that’s a problem and that will impact your score.”

If there is an error, you should dispute it and try to provide as much proof as you can.

One other thing: You can also ask a creditor to remove an issue if it’s been corrected (i.e., if you paid off a collection debt). Nitzsche said it doesn’t hurt to ask and the worst thing they could say is no.

2. Have good financial habits

“The biggest part of your credit score is payment history, so the most critical thing is never missing a due date,” Nitzsche said. Set up a monthly autopay or add all due dates to your calendar so you never miss a bill.

You can also achieve a higher score when you mix different types of accounts on your credit report. It may seem counterintuitive to get extra points for having debt in the form of student loans, mortgages and auto loans, but as long as you’re paying them off responsibly, it shows that you’re reliable.

3. Aim to use 30% or less of your credit at any given time

Know your credit limit and aim to only use 30% or less of it for a better credit score.Tim Robberts / Getty Images

Know your credit card limit, and try not to use any more than 30% of that number each month, otherwise your score could lose points for too much credit utilization.

Another thing you can do is ask your bank to increase your limit. “That will give you more flexibility to spend more,” Nitzsche said. You could also pay it off twice a month to keep the balance low. But he does warn that you never know when the balance is going to be reported to the bureau. It can happen at any point during the month, so it might be the day after you make the payment or the day before. “You don’t necessarily want to use the card and pay it the next day because that doesn’t give the bureau the chance to know that you’re using it,” he said.

4. Avoid requests for new credit

If you’re looking to increase your score around the time you want to buy a house or car, you won’t want to open up a new line of credit, like a retail card, credit card or loan. That’s because “hard” credit inquiries like those can lower your score, and sometimes it comes down to a few points over whether you’re approved or what your rate will be, Nitzsche said.

“Soft” credit inquiries, like when an employer checks your credit or when you pull your own report, won’t affect your score.

5. Keep all accounts open, even ones you don’t use anymore

Even if you don’t use that credit card from college, it’s a good idea to just keep it open because closing it could hurt your score. Nitzsche explained that you’ll be dinged some points for each account that is closed. If you want or need to mentally break up with a card, just cut it up instead.

6. Build your credit if needed

If you haven’t established credit yet, you might not even exist … in the credit report space, that is! “If someone has never fallen in delinquency on any subscriptions or utilities or never had collections on anything and they have not utilized credit cards or loans in the past seven to 10 years, they may not have a credit profile at all,” Nitzsche said. “That presents a challenge when you want to buy a home.”

If this sounds familiar, you may have to get a secured credit card where you put down a deposit, he advised. “You still have to make payments and use it responsibly. Not all banks offer them but you can usually check with your local bank or credit union.”

7. Reach out for help

If you want personal guidance on boosting your credit score, make an appointment with a credit counselor.kate_sept2004 / Getty Images

There are many apps and credit-monitoring services that can help you stay on top of your credit score. You could also reach out to a professional credit counselor who can help you navigate your specific situation. (Here’s a good resource about finding a reputable service.)

One last thing: Nitzsche warned that everyone should beware of credit repair scams that claim to be able to increase credit scores for an advance fee to get accurate negative information removed (even temporarily) from credit reports.

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Lifestyle News | ⚡How J&G Credit Recreations Assists Individuals to Gain Financial Stability Through Credit and Homeownership – LatestLY

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Lifestyle News | ⚡How J&G Credit Recreations Assists Individuals to Gain Financial Stability Through Credit and Homeownership  LatestLY

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