I finally found the response from TU where it says they only report what the creditors send them.And how they verified with the creditor and it was verified.(Ha! Meaning the company AGAIN said it was listed correctly)It also says to contact the creditor. I have records showing no response from Eq. Thank goodness for good records! Wrote a letter to the judge(since he won't listen in court, he can read it beforehand), referencing the FCRA and FDCPA, with copies of the CRA disputes from Mar. when this all started.I also included tabbed FCRA and FDCPA copies so he can see for himself, along with credit reports pulled at 1 month intervals ahowing the TL still there and not listed as disputed. I think that's about all I can do. I don't want to write to the clueless company rep- may tip him off and give him a clue.
Today we went to court. And the OC did not remove the judgment. The judge GAVE THEM ANOTHER CHANCE!!!! The judge never read the papers we left for him. And never gave my son time to state his case. When he tried to point out the violations, the judge said," Son, do you want your credit report fixed? Then be a good boy. This is all I'm going to do for you." OMG! So the OC, after 6 months and many refusals to remove the judgment, has another chance. They are supposed to bring a letter tomorrow. And my son, who by the way is a man, not a boy, has paid higher credit card and student loan rates because of their judgment. We had paperwork to prove all of this, but the judge wouldn't look at anything.Tomorrow will be the 4th time we have had to appear on this case. How do people actually get their cases heard? Is it because my son is 19, and the judge looks on him as a kid? I don't get it.
Is this small claims court? If so, and your son is acruing damages, you may need to see an attorney, and pursue it in a higher court. To some degree, you get the justice you pay for. Higher courts may have wider remedies. Have you filed a complaint with your local DA, or state AG? No reason not to.
In small claims court, in your state, can the judge even provide injunctive relief? Does he have the legal authority to order the defendant to remove?
No he doesn't have the legal right to order the defendant to remove, but the defendant doesn't know that. Went back to court today and the judge threatened to put my son in jail. TWICE! We had a garnishment against the defendant(not the guy, he was just the agent of the business)and had the money legally taken from the business bank account. The judge ordered my son to bring a cashier's check to court today(we were there yesterday, too, and the judge was basically going to trade the garnished money for a letter from the defendant to be used for removing the judgment from my son's credit reports.) The cashier's check was made out to the court, like the paperwork says, and my son's name name was on it, since that is how all the banks I know of issue cashiers checks. So the judge sees my son's name on it and starts yelling and screaming (I am not exaggerating. It topped Judge Judy at her best). Screamed that he's tired of my son playing games with the court and he's going to send him to jail!Then he saw the check was made out to the court and started screaming again. I guess he wanted it made out in the defendant's name, but never told us. So he tells my son to sit in the jury box while he decides whether to throw him in jail or not. The judge apologizes to the defendant saying he's sorry he wasted his time, that he has the utmost respect for the company and to have a good day. My son is in the jury box.I'm in back of the courtroom watching all of this. That judge made him sit there for nearly an hour while an ugly divorce case was presented. Now I was divorced 4 years ago in an ugly divorce case, and the two boys in the custody battle were the same age as my two sons at the time of my ugly divorce. If my kid wasn't as stable as they come, I can imagine what the entire experience could do. It's bad enough to live it once. Anyhow, the judge decides not to put him in jail, makes him apologize, for what, I don't know. He just said to apologize to the court, and tells him to leave. He never got to state his case, was humiliated and called "boy" and "son" every time the judge addressed him, and ended up with a stupid useless letter from the company, which will get us nowhere. We have ordered the audio from all 4 appearances.
Yes, they didn't show in court and the case was decided in our favor.$4000 worth of violations.But since no one showed, my son didn't present a case. Just collected a default judgment. Got the judgment, filed a Writ of Garnishment, and had the Sheriff serve the bank. A week later, the bank sent a check for the judgment amount. 3 days after that the company challenged both the judgment (the agent "forgot" to come to court and would like a new hearing), and the Garnishment, which meant 2 separate court hearings with the same Psycho Judge.
Hired an attorney and we'll be taking the case to a real court (court of record). Apparently Psycho Judge never made a real ruling on the case and it's still open. Good for us, sucks for the other guy. The audio will go to the Judical Review along with a letter of complaint. There are attorneys here who are trying to rid our court of this crazy judge. Many will not appear before him. He humiliates everyone, I guess. Weird stuff. Also, in small claims, the judge can't order them to remove the entry, but he can say,"You give the money back and you remove that entry." Same difference.
