Hi again... Just a quick question. When we applied for an equity loan last month. The lady at the bank said noway you have unpaid judgment in Custer County. When we received our credit report from 5/12/2003 it was different from 8/28/2002. We did have 4 judgments due to a serious illness. The local collection agency always jumped on us immediatly. Because they knew my husband had a good job that he had been at for 16 years. Garnisment was quick and easy. Here's the problem.. two of them are status unkown, looks like we have 2 unpaid judgments! The credit agency did send me an update to satified on one of the accounts the other day 5 YEARS LATER!!!. Isn't there an SOL for applying a status paid for judgments? Haven't called them about they other one yet because I don't want them to catch wind of what I might do just yet. The other 2 have accounts on them that are still listed on the credit report causing duplicate accounts. Heres the GOOD PART. The previous credit report just showed subscriber Justice of the Peace. The new subscriber they have down is Custer County District Court. We have never even been to this county in our entire lives! The lady at the bank just looked at us like we were some scum that was lying to her. Running around to different parts of the state. (We have lived in the same place for 17 years) And denied us a loan. We are thinking about retaining an attorney to help us with this HUGE error and seek damages. Because the loan we were finally able to get has super high interest. Can someone PLEASE help... ? Should we retain an attorney before we do anything? Thanks chickslost
1*Isn't there an SOL for applying a status paid for judgments? 2*Custer County District Court. We have never even been to this county in our entire lives! chickslost `````````````````````````````````````` 1*Please explain what you mean. 2*So how do you have a judgment there then ????? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Hi, Sorry about my last post after looking it over a few days later. I guess I was rambling. Being furious can make you head roar sometimes. 1* What I meant about the SOL was... Doesn't a CA have a time limit to tell CRA or the court that a judgment has been paid? By not reporting a status paid.. they have made our credit report misleading and inaccurate. PLUS.. since judgments are removed 7 years after they are paid, they have just added 2 and 5 years to these paid judgments. So they will be on our credit report 12 and 9 years. Causing even further damage to our credit report. 2* According to the docket # on the credit report the judgments do belong to us. But the CRA have them coming from a completely different county. Do you think I should try to have it verified? They will not be able to verify it in another county. I am afraid if I tell them they have the wrong county and the wrong status date paid. They will just fix it and ignore me from here on out. Any suggestion would be greatly appreciated. My husband doesn't think an attorney would do us any good. And it would be a big waste of money. He thinks as long as every thing is paid on our credit report. We should just ride it out for the next 7 years. I completely disagree.
As far as the one showing frm a different County, I'd definintely claim that as "not mine," but first do the DV letter to the CA, they should not be able to Validate, then Dispute with the CRA once you receive the green CRRR slips from the DV letter you sent the CA. Should go away in 30 days. If the CA does come back abd Validate, or does not mark your account as "In Dispute" with the CRA's, that's violations 1 and maybe 2 right there ... if the CA Verifies with the CRA, that's another! You can definetly get them on this, cause how can they possible Validate or Verify if they go calling the wrong County? On the others, where they didn't report the correct Paid date, or rather waited a couple of years and then reported, and now the accounts have "re-aged," that's a definite violation for each of those as well. Do the same thing, request Validation from the CA's, say this was not your account, you never had a Collection account that got paid off on such and such a date (use the incorrect date they are using) and then Dispute with the CRA's. Make sure the accounts get marked "In Dispute" at the CRA's or that's a violation. Another route, if these are paid, is to dispute with the CA and send them the Validation letter and this time tell them they are reporting inaccurate info, it's defamation and causing to you pay higher interest rates, etc ... and that you have them on several FRCA and FDCPA violations, and unless they totally delete the entire tradeline from all the CRA's, you will be sueing. Don't tell them what they are reporting wrong. If they pull your CR to see what the heck is going on, you got them on a violation for pulling your CR without a PP (Permissable Purpose.) Either way, you got them, if they Verify/Validate that info is true and accurate, you for them for reporting inaccurate info, so go ahead and file suit. You can get money plus deletion, or if you are nice, you will settle out of Court for your costs plus deletion. If they come back and say, oh sorry, we did have the dates wrong, you can still sue and say because of your past transgressions, I had to pay a higher interest rate, and follow through to whatever resolution you want.
I think the first thing you need to do is get the copies of all the judgment papers from the courthouse (not just the docket). You are looking to find out how they served you, and where they allegedly served you. Then, do a search on vacating judgments. Lots of good info here. (I'm not experienced in judgments)
Re: Re: Do we need an attorney??? There are 4 judgments all together, All from the same credit bureau, all for medical, from 1996 - 2001. 3 have the subscriber from the wrong county, and 2 are status unknown. These were both paid in 1998 and 2001. Do I send a DV letter to the subscriber (Custer County District Court)? Or to the plaintiff (collection agency)? Or the plaintiffs attorney?
1* What I meant about the SOL was... Doesn't a CA have a time limit to tell CRA or the court that a judgment has been paid? 2* By not reporting a status paid.. they have made our credit report misleading and inaccurate. 3* since judgments are removed 7 years after they are paid, they have just added 2 and 5 years to these paid judgments. 4*So they will be on our credit report 12 and 9 years. Causing even further damage to our credit report. 5* According to the docket # on the credit report the judgments do belong to us. But the CRA have them coming from a completely different county. 6*Do you think I should try to have it verified? They will not be able to verify it in another county. 7*I am afraid if I tell them they have the wrong county and the wrong status date paid. They will just fix it and ignore me from here on out. 8* He thinks as long as every thing is paid on our credit report. We should just ride it out for the next 7 years. I completely disagree. chickslost =============== 1*Don't know. Anyone have the answer? 2*Sure have big time. 3*Nice job of re aging Eh? 4* Pocket book too like in 7 years of overcharges on insurance and loans. 5*If they are not from your county they are not yours! 6*Validate 7* Yep that is probably what would happen. Don't ever tell them what's wrong. 8*He better get a new thinking cap as it could be a very expensive 7 year ride. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I have a letter to the collection agency all ready to send certified mail. When today I received a reply letter from the hospital concerning another CA and OC. They informed me that they(OC) or their collection agency are not resposible for updating public records. It is up to the CRA to update. Now I am really confused. Should I go ahead and mail this letter to the CA for these other paid judgments?? chickslost it
That's pure CRAP, pardon the French. Too bad you can't get that on tape or in writing. It's an outright lie and an FCRA violation, of whichif you filed a suit in court (not sure if small claims court or which court) but you could sue for $1,000 for their willful and with malice act of not reporting correct information and/or for not updating the info. The CRA's don't do ANYTHING but put onto your credit report what the OC's and CA's and other DF's (data furnishers) tell them to report. The CRA's do not create any info or accounts or tradeline entrie, they do not update of their own accord, or anything like that ... the CRA's only are allowed or required to add, change, delete information when a DF, OC, CA tells them too, or when a consumer disputes an item and the CRA can not verify the information and discovers by investigating the information that info was indeed incorrect. Only then can/will the CRA update info. It is definetely the CA's and OC's responsibilty and duty to report accurate information. If you belive the info reported is incorrect, you send a Validation letter to the CA and tell them you believe info is incorrect and you demand they show proof the debt is yours and to show certain other data (see the Validation links and do searches for threads on this topic) The CA must Validate this info if it wants to continue reporting this to a CRA, and once they receive your Validation letter, they must mark your account as In Dispute with the CRA's. After this, you send written dispute to the CRA's and they are supposed to check with the DF, most likely the CA, and if the CA has not Validated with YOU yet, they are not legally able to Verify to the CRA, and if the CRA does not verify the debt/info being disputed within 30 days, they MUST delete it. If the CA has not validated to you, but turns around and verifies to the CRA when they come checking with them, then the CA committed an FDCPA Act violation. Now you can sue them for at least $1,000, and if they see you are serious and have documented prrof, a lot of times they will settle out of court with you and delete the tradeline from the CRA's in return for you not suing them. At least that is the experience of a lot of people here, I'm still in the beginning stages of my Validation. FedUp2003
