DH has a judgment that has been paid. Of course the OC is HSBC Bank (now Capital One) and trying to get anyone that knows anything about anything over there is a complete joke. So I am sending them a request for them to update the Judgement as Satisfied. The law firm that is listed on the original petition is no longer in business but I am thinking that I am going to send it there anyway CMRR and when they cannot be located, then I might have grounds for the judgment being removed. Thoughts? *Newbie, BTW* Going post my story now.
Ok, judgements are not reported by the OC, or the attorney, or the CRA. They are reported and verified through a third-party service that looks at the courthouse. If the attorney didn't update it as satisfied at the courthouse, then that is something that needs to be checked at the courthouse (before you send the dispute). Since the attorney doesn't verify it, even a bounced letter won't get it deleted. However, if it is still showing as paid, it may help you to try going after it at the court, if you have proof that it was paid.
Right. I revised my plan. I called the court (it is in Austin and I currently live in New Orleans) and they have a "Release of Judgment" form that the OC can simply fill out and send back (HA! We'll see!). I found the name of the current HSBC General Counsel and the one for Capital One, so I am attaching it with a copy of my cancelled check and demanding they send the form to the Court as well as remove the now obsolete trade lines associated with the judgment or they will be in violation of (excerpt of my letter)
Note, the civil liability ONLY applies if they don't update it from a CRA dispute, and the CRA dispute of the judgement wouldn't go to either of them. 623(a) which covers disputes received by the DF directly, isn't civilly actionable by the consumer.
I wouldn't have the foggiest idea whether there was another statute that would apply. Remember this isn't a board which is staffed by lawyers, but educated consumers. When the courthouse is updated, and after you do a CRA dispute, if it still shows unsatisfied, then you would have a 623(b) claim which is actionable, however the party wouldn't be the DATA FURNISHER, it would be the CRA, and the "unknown person or persons" who allegedly verified the information.
Don't they have the duty to update correct information once something is paid? I mostly just want to send it to any and everyone so that someone says " hmmm maybe we should show this to legal". My other thought is to skip all this and just dispute it.
