fun with judgments

Discussion in 'Credit Talk' started by klingsor, Jul 13, 2003.

  1. klingsor

    klingsor Well-Known Member

    There's a judgment on my record from about 3 years ago from when the judge actually ruled in my favor (the company was asking for more money and the judge said that only the original amount was just). Well it turns out that this is now a public record item and a judgment. And Experian is stubbornly refusing to take it out.

    I disputed the judgment as both "not mine" and "has been vacated" with Experian but it came back verified both times. At this point in time they're refusing to dispute it any further. I called them to find out how they verified the info. and each time I got a different story:

    First call: I was told they called the courthouse and verified it. I was given a phone number to the courthouse. It was the wrong number (as in, it's disconnected). I also couldn't find the phone number for that particular courhouse anywhere online.

    Second call: I was told they sent a letter and received a positive response. They said they had no phone number on record but gave me a physical address. I wrote two letters to these addresses and I have yet to receive a response to either one.

    Third call: I was told that they don't call or send out letters but, instead, participate in a special electronic system -- sorta like email, he said -- where they type in an inquiry and see if the computer system pulls it up. If they find my name and it matches with the judgment number they have on record, they verify. I asked further how it works and the guy said: "someone goes out to the courthouse a few times a year and updates our info. from their dockets. That gets entered into the system and then we only check the system directly. If you want us to delete this you'll need a written statement from the court clerk stating that this judgment has been vacated."


    Are any of these FCRA violations? Or, more to the point, what do I do now? I no longer live in the same state and the courthouse is literally an eight hour drive from where I am now. This is no small matter either now that the judgment's been re-aged and that I've lost out on three refinancing attempts due to low credit scores.
     
  2. TheCapn

    TheCapn New Member

    Your situation is screaming a procedural request.
     
  3. Hedwig

    Hedwig Well-Known Member

    Can you get something from the courthouse by phone or mail? It seems like it would be worth a few calls or registered or certified mail to get something.

    Make sure you're documenting everything--what the courts tell you, what the CRAs tell you, etc. Date, time and name for phone calls. Make sure you ask their name and tell them that you're keeping a record of this information.

    Also, ask at the courthouse about how they update the credit bureaus and try to validate (or better, invalidate) what you've been told. See if they have records of the bureaus inquiring about the judgment. If not, see if they'll write a letter to that effect.

    Start building all your evidence for your lawsuit.
     
  4. lbrown59

    lbrown59 Well-Known Member

    There's a judgment on my record from about 3 years ago from when the judge actually ruled in my favor (the company was asking for more money and the judge said that only the original amount was just). Well, it turns out that this is now a public record item and a judgment. And Experian is stubbornly refusing to take it out.
    klingsor
    ===============
    Were you the plaintiff or the defendant?
     
  5. SLOYAROLE

    SLOYAROLE Well-Known Member

    OK...it sounds like you were the defendent (you were sued). If that's the case, then here's what I think. ABC Company sued for $XXX amount. The judge said no, I'll only award you $XX amount. If this was the case, they still "won" their suit. The judge said you win, but you win less than what you wanted.

    If this is the case, it's a valid judgement. If you where the Plantiff (doing the suing), that's another situation.
     
  6. klingsor

    klingsor Well-Known Member

    I was the defendant. I guess it does make sense, in technical sense there is a judgment against me in that I'm ordered to pay a certain amount.

    As for procedural requests, I'll do a search for that here. I just finished writing a letter to the court, this time I'm sending it via certified mail and I'll do another search for the phone number.

    I'm still a little weary of lawsuits as they take time and money. But if I start piling up evidence I'll certainly do it.

    thanks everyone.
     
  7. Why Chat

    Why Chat Well-Known Member

    Have you obtained the judgment record from the court? You can go on line and get it withot all the telephone and mail problems.

    If you need a certified copy, you just regster and pay the fee, otherwise you can just print out whatever is on record.
     
  8. parent

    parent Well-Known Member

    Re: Re: fun with judgments

    Is there a particular website where you can do this?
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: fun with judgments

     
  10. klingsor

    klingsor Well-Known Member

    I can't go to the court and get it myself b/c I now live about six states away. And, unfortunately, they don't appear to have any program where one can get this over the internet.
     
  11. uniondiva

    uniondiva Well-Known Member

    i would call the courthouse and ask how to get a copy of the judgement. ususally the court clerk can direct you.get a copy of the entire file. sometimes you can even ask if someone else has requested a copy. I would send exp a procedure request. they will have violated if the have reported inaccurate information and/or refused to comply with procedure request.

    the court will send you this information, they may need something in writing from you, but if you are really nice you can email or fax a request for the file!
    is there anything about the way they are currently reporting the judgement that is inaccurate.
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: fun with judgments

    One time I was the plaintif and got a judgment on my reports.
     
  13. klingsor

    klingsor Well-Known Member

    Re: Re: fun with judgments

    thanks everyone. I mailed off a letter to the clerk of court today asking for more info., this time certified mail so we'll see about a response. I'll let you know.
     
  14. Hedwig

    Hedwig Well-Known Member

    Re: Re: fun with judgments

    You mentioned lawsuits taking time and money. Most people here sue in small claims court. That's usually minimal time and money. And you usually send them a letter that you'll drop the suit if they delete the derogatory info, so you may not even have to go to court unless you really want money.
     

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