I went to court today against a certain furnisher of information that is on my credit report. They no-showed so after a short BS session with the judge I was granted a default judgement. I can perfect the judgement after thirty days and execute it against the property of the defendant if I so desire. When I receive notice of the default judgement I want to send a copy to a certain CRA asking them to delete the tradeline it is in reference to. To me the default judgement is the equivilent of the Court finding that the tradeline is incorrect. (Well, the defendant did not come to argue so my position is automatically correct in the Court's view) Has anyone tried this before? How does the CRA respond? It would seem that a legal judgement finding that a tradeline is inaccurate should be sufficient to get the CRA to delete, but who knows, they are unpredictable at times.
I like your thought process, but I wouldn't put it past a CRA (Experian) to argue that a default judgment should force them to delete. They might argue something like "the time frame for the furnisher to set aside the judgment hasn't passed, therefore we won't delete until the case is fully appealed or finally disposed".
Single bump, simply because I can't believe no one had tried this. Will be on the phone with the furnisher this afternoon as they called and wanted to talk. They've called several times before and when I return the call I always have to leave a message and it never gets returned. Furnishers who might read this post take note: Their lack of response is why I filed suit. Ignoring the complaint will cost you money!
Good job Slykens. It's not that we've never tried this before it's that it' has already been talked about, a lot. The law of presumption. (look in the what is validation thread in my sig line. Last few posts. The judge presumed in your favor because your adversary wasn't there to argue differently. What Is Estoppel takes care of the rest of it. .