No, it goes to the credit bureaus and they use official court records to find out if you are lying or not. It is all in your public record at the court. If you have a judgment you can't lie out of it and it can get your credit reports flagged too if you get caught lying to them.
Public Records are filed with the court, but the CRA's get their information from the court. If the Public Record is yours your dispute will probably be verified. There are few times where the agent who the CRA has to check at your court house won't verify a Public Record. In fact the opposite, their are a few people who have had Public Records which aren't theirs verified as being theirs because of the amount of information required to verify (Look at Johnson v. MBNA, MBNA just needed a computer screen to show 2 of 4, Name, Address, DOB, SSN - they had the first two, obviously, but no DOB or SSN which should have been a red flag that the account was not Johnson's account - how many banks open up an account without a DOB or SSN?) When you send the CRA the dispute... They contact usually a third-party contractor who they use to go to your court house, and verify the item. The third-party contractor then replies back to the CRA after they have viewed the information at the court house.
Re: Re: Re: Dispute of Judgment goes to Ct or ? One thing about it you can't confuse a CA with the facts.
Hate to be a kill-joy here Kaykay but it's not a lie. I have a judgment showing that was with a CA that I paid upon notice of the summons. I've even spoken with the CA and they have no record of it. My dilema here is that whether or not it's under the court, neither the CA or I have any record of it going. Possibly, the CA didn't remember to cancel the summons/hearing. I have my receipt of payment prior to the judgment and the CA can't even find it - or record of it. SO...that was why I asked. For if they go to the court, there wasn't suppose to even be a judgment. Obviously, the CA and their ever perfect ways messed up - I'm so shocked - and now I'll need to hire legal representation to fix this issue. I'm assuming (I know, never safe to do) that damaging my credit this way is a major no-no, or major FINE-FINE. Shanyl
Hate to be a kill-joy here Kaykay. Shanyl =========================== I love killing a CAs joy of screwing consumers. No apology needed. Never read the fine print. There ain't no way you're going to like it.
Re: Re: Dispute of Judgment goes to Ct or ? I agree! But I just knew she'd be so disappointed that I wasn't going to try and *trick* the CRAs but utilite the law and facts and imagine - NOT lie. Ok, I'm going to go mind my P's & Q's. Shanyl
Re: Re: Dispute of Judgment goes to Ct or ? You aren't being a kill-joy. There is never any joy in seeing people get taken to court. Now let's deal with your problem. The first thing you need to do is to go to the court and ask to see your personal file at the county clerk's office. If there is no judgment in your file then the credit bureau is lying to you on your record and you have the right to have it removed or to sue them if they don't take it off. If there is a judgment then you need to understand that it is a judgment on your record and you will probably have to either deal with the collection agency in some cases or you can prove to the court that it was paid and try to get the court to mark it paid in full and seal the record if they will. Their records can be wrong just like anyone else's and it is what your personal public record says that you have to go by, not the records of the collection agency. That is somewhat possible but I doubt it because if nobody showed up in court the court would have dismissed the case. What most likely happened is that the CA filed the case and then when you paid they just took it off their records and forgot about it and so even though no judgment was ever rendered the fact that they did file the judgment is still on your records. That happens a lot. As I said before you need to go to the clerk of the court and ask to see the public record and then you will know what the facts are and you can do whatever is necessary once you know the true facts of what happened. Credit bureaus have the right to list the judgment against you even if it was never adjucated. It is sad that they can do that to people and get away with it but they do it all the time because it is legal for them to do that because they are just reporting the facts of what happened. It wasn't necessarily the CA that messed up. The way the FCRA laws are written it may well turn out that nobody messed up even though it appears that way to you. If they filed the case then about the only way to get it off your credit reports is to go to court, prove you paid it before court and ask the court to seal the record. Judges will do that quite often if there is no objection from the CA or whoever filed the case against you. Not necessarily. I could not tell you until you went and checked your public record at the courthouse and see what that has to say. Once I know that then maybe I can give you some ideas as to how to get the problem out of your hair. So go to the courthouse and get the facts and let's see what we can come up with to help you. Shanyl [/QUOTE]
Re: Re: Re: Dispute of Judgment goes to Ct or ? And if the court is in another state? Can someone else look at it? Shanyl
Re: Re: Re: Re: Dispute of Judgment goes to Ct or ? Yes, they can. It is a public record and anyone can look at it and get copies of it. A friend, a relative, an acquaintance, an attorney can get it and look at it and get copies of it made.
Re: Re: Re: Re: Dispute of Judgment goes to Ct or ? If it was filed it can be on the public record. The fact that a judgment was before the court at some point in time. That is true. But that is not true. You cannot file a motion to vacate a judgment unless you have a case docket number to reference to. If there is no docket number then there was no case. If there is no docket number then you cannot vacate that which does not exist. If no judgment was ever entered then you cannot file a motion to vacate even though a docket number does exist. We don't have any idea how to proceed until we know what is in the public record.
Re: Re: Re: Re: Dispute of Judgment goes to Ct or ? i think in the OP's case it falls back to the fac that the CRA's simply don't do their job. the court may have mistakenly reported it (lets be honest, we are all human), and if the CRA's actually did their job to check the record it could have been easily removed. now the OP has to go through all this hassle.
The longer k k hangs around the confuseder she gets. Overloading a CA with facts will do it ever time.
Re: Re: Re: Re: Re: Dispute of Judgment goes to Ct or ? Yes, I am a CA. I doubt that the CRA's were at fault in this instant case if what we have been told so far is correct and if it is not I am also certain that it is not Shanyl's fault. It might be the CRA's fault and it might be the CA's fault and it might be any number of things. We simply cannot tell until we know all the facts.
