Help on Chp 13What is Non-Adjudicat

Discussion in 'Credit Talk' started by lsmith15, May 10, 2003.

  1. lsmith15

    lsmith15 Well-Known Member

    On one of my chapter 13's (I have two long story) its listed on one of the CRA's as filed XX/XX case # dismissed XX/XX joint Non-adjudicated, can anyone help me in how to attack this one the other one is listed liabilities 0 Assets 0 and I know how to dispute that one but how would u dispute Non-Adjudicated Help please
     
  2. tnobles

    tnobles Well-Known Member

    dictionary: adjudication

    \Ad*ju`di*ca"tion\, n. [L. adjudicatio: cf. F. adjudication.] 1. The act of adjudicating; the act or process of trying and determining judicially.

    2. A deliberate determination by the judicial power; a judicial decision or sentence. ``An adjudication in favor of natural rights.'' --Burke.

    3. (Bankruptcy practice) The decision upon the question whether the debtor is a bankrupt. --Abbott.

    4. (Scots Law) A process by which land is attached security or in satisfaction of a debt.



    Note # 3? So I guess NON- means you WERE NOT bankrupt!
     
  3. lsmith15

    lsmith15 Well-Known Member

    ok so now how do I go about disputing it ? need some ideas everyone
     
  4. LKH

    LKH Well-Known Member

    Here ya go. This letter worked for me and a couple of other people.



    Date

    CRA
    1000 Sesame Street
    Muppetville USA

    To Whom It May Concern (Head Muppet):

    I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

    Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

    Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

    Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.


    Sincerely,

    Signature
    Name
    Address
    SSN
    DOB
     

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