I recall you posting regarding this in: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=146298#post146298 I am in the process of trying to remove a judgement from one of my CR. Any luck when you did the procedural request? I am doing that now. What if the CRA doesn't respond with a procedural request? Is that grounds for me to sue them? Then when I go to court, couldn't they just look that up at that point?
Funny Ende I was wondering the same thing the other day. EQ verified a judgement and I'm redisputing it right now. But I didnt' actually redispute it--I was asking for a procedural request. In my case, I wouldn't go to small claims over it because that's where the judgement is from in the first place. I would be screwing myself and don't want to get humiliated in front of the judge . It's paid and I wish it woud idspute off, but maybe I'll have luck this itme.
Ender, Is your judgment paid? Didn't we discuss the little secret I discovered about expired judgments? I had 2 small judgments reporting. Unpaid. We all know that judgments stay on for 7 years. I found out in Arizona that judgments are valid for 5 years, then they expire unless the creditor renews it for another 5 years, which most don't. Well mine were a little past 5 years. I checked with the court and neither was renewed. So I disputed them with the cra's as "judgment expired - please delete". All deleted.
Hey LKH - I didn't have the same luck you did.. I did try disputing as EXPIRED.. Actually I sent a letter stating EXPIRED and also disputed online as NOT MINE. Perhaps EQ got confused because they only responded to the NOT MINE/NOT ACCURRATE dispute over the web.. I never received a response as to the EXPIRED request. The letter I am sending now is a procedural request and a request for deletion if they can't provide name/address/phone number of the person that provided this inaccurate information. Was your tradeline on EQ? My judgement is PAID btw..
I would remind them that they had 30 days to ingvestigate. They CHOSE to do nothing. MUST BE DELETED. NO second chances!
Ender, it was on Equifax and TU. I think the key with this is it has to unpaid and expired. Also, I think Love has a good point that you may want to follow up on.
they never responded to my procedure request and the judgement is reporting incorrectly. I am using this for a lawsuit. I feel that the small claims issue has nothing to do with the cra's responsiblity to report it correctly. these are two seperate issues in my opinion. by the way, i requested procedures both time and both times they failed to provide it.
I am building a paper trail already.. they didn't respond to the expired request - but I dont think this will apply in court for me as the 'initial contact'.. so I will use my procedure request (after they verified my dispuet online). This procedure request should give them 30 days to respond.. if they don't respond, then I'lll sue. What I am afraid of is this will happen: I sue, I have legitimate grounds.. I can possibly win $1k if I state my case right; however, they correct their records and report accurately. What does that give me? My only strategy is to hope for deletion by settling?
LKH - and how do I show these damages? Or is it oportunity cost? I want to have as strong of an argument as possible.. I am sending a procedural request letter tomorrow. Do you think I should send a followup on why they did not respond to the judgement expired, please delete?
Here is my letter BTW.. very straight forward: April 2, 2002 Equifax P.O. BOX 105518 Atlanta, GA 30374 To Whom It May Concern, The judgement on my credit report is inaccurrate because this judgement has expired, please delete. I am referring to the: COUNTY NAME Judgement My information is as follows: NAME ADDRESS CITY, ST SOCIAL SECURITY BIRTH DATE Please send an updated report! Thank you. Sincerely, NAME
Ender, I think you show damages by showing denials for credit based on this judgment. You can send your procedural request, but I would send a letter to equifax with a copy of the dispute they never replied to and say I disputed this on xx date, and as 30 days has passed on xx date, and you have not responded to this dispute to date, by law you must immediately delete this incorrect listing. I will expect an updated report no late than xx date.
Great suggestion.. I will do this. Do you think I should also send the procedural request in another letter or just this one you suggest?
The procedural letter is for the other dispute they verified, correct? If so, sure, go ahead. Hit 'em from both sides. lol
Here is the followup letter as to the lack of response: May 19, 2002 Equifax P.O. BOX 105518 Atlanta, GA 30374 To Whom It May Concern, I disputed the following item on April 2, 2002: COUNTY; Case ID XXXXXXX As more than 30 days has passed on May 2, 2002, and you have not responded to this dispute to date, by law (Fair Credit Reporting Act) you must immediately delete this incorrect listing. I will expect an updated report no later than June 21, 2002. The dispute letter was sent certified mail with the following number:XXXXXXXXXXXXXXXXXX. I have attached a copy of the letter I sent with this letter. My information is as follows: NAME ADDRESS CITY, ST SOCIAL SECURITY DOB Sincerely, NAME
Here is my other letter requesting procedural request for the online dispute. May 19, 2002 Equifax P.O. BOX 105518 Atlanta, GA 30374 To Whom It May Concern, The judgement on my credit report is inaccurrate. The previous investigation mentioned that you have verified this as accurrate. Please provide the following information if you verified per Fair Credit Reporting Act (FCRA). Once again, this judgement is not accurrate nor does it belong in my file. Per FCRA, provide the following (Investigation Procedures): 1. Who did you contact? Name of person. 2. Address of Contact Person 3. Phone Number of Contact Person If the above items cannot be provided, then once again this inaccuracy should NOT be on my credit report! I would like to know who is verifying this and what procedure you are using!! I am referring to: COUNTY COURT, CASE ID XXXXXXXXX My information is as follows: NAME ADDRESS CITY/STATE SS DOB Please send an updated report! Thank you. Sincerely, NAME
