This is my first posting. I am grateful for this board, as I am just finding out the hold the credit bureaus have. About 60 days ago I pulled all three credit reports to find a Judgment on TU (Not the other 2). It is for $3226 from AI Specialty Ins Co. (US Bank). I have never been served with a summons. In addition, after checking with US Bank, they have no record of the referenced account number or my ss#. I have a letter from US Bank stating they have no record of this anywhere. I went to the courthouse and pulled all of the records. The judgment was entered on Aug. 20, 2001. The appeal process indicates that an appeal must be entered within 6 months. How can I get this removed from my TU credit file? Is it possible to enter a plea to vacate? Thank you for your reply, GIR
There are a couple of things you can do. #1 Are you sure the judgment is yours? If it is, do the addresses on your current CR match up to the one on the judgment. If at all possible get the address on the judgment deleted from your CR. Then dispute it as "not yours" ( I got a judgment deleted fro TU this way) #2 I would check out the legalities of the judgment since the creditor has no record of it.
Thanks for your reply... I did at one time have a Corporate cc with the creditor US Bank (AI Specialty Ins - Plaintiff). However, I paid the account when I left the company. My contact information on the court documents is correct. I have contacted TU directly; however they just indicate that an investigation has been done and the judgment is mine. Do you know what the success rate is for filing to "vacate" a judgment? The SOL on filing? Thanks for everyones responses. GIR
If the judgment is not yours, then there is no"5 month" time limit to dispute it. You have a year under the Federal rules of civil procedure to dispute a FALSE entry of judgment,dating from the time you DISCOVERED the error. Get a lawyer, or legal aid to help you fie a motion to vacate, and at the same time file a suit against the people who put this on your record.
Thanks for the information. I just sent off a letter to TU referencing a letter from US Bank and the legal pleading from the Insurance company. I am hoping this will be enough to remove the item. My only other alternative is to file a motion to vacate and that is a min. $150 proposition in CA. Thanks everyone for your input. GIR. Here is a sample of my letter... July 1, 2003 Equifax Information Services LLC P.O. Box 105518 Atlanta, GA 30348 RE: Confirmation No. xxx xxx xxx - Dear Ladies and Gentlemen: I am writing to you in reference to an erroneous entry in my consumer report. As stated in the Fair Credit Reporting Act referencing section: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation. As indicated, there is a public record entry in my current consumer file, which is erroneous. Attached to this letter are documents providing proof of this inaccurate information: 1. Exhibit 1 (7 Pages ) â?? Declaration for Entry of Judgment: a. Please refer to page 2 paragraph 7 in which account # xxxx-xxxx-xxxx-xxxx from US Bank is referenced by AI Specialty Ln INS CO. 2. Exhibit 2 (1 Page) â?? Letter from US Bank: a. Please refer to the letter from Bob Jones at US Bank indicating the account referenced in Exhibit 1 is inaccurate and erroneous. It is perfectly clear that the public record entry from AI Specialty Ln INS CO is inaccurate and erroneous. As indicated by the Fair Credit Reporting Act, § 611 p. (5) states, â??the consumer reporting agency shall promptly delete that item of information from the consumerâ??s file. Your quick attention to this matter is greatly appreciated. Sincerely, John Doe Cc: Mr. Bill Lockyer California Attorney General P.O. Box 944255 Sacramento, CA 94244-2550
#2 I would check out the legalities of the judgment since the creditor has no record of it. tulipchic =========== If the creditor has none the judgment can't be legal. http://www.wtv-zone.com/cal555/atr/T0.html """""""""```~~~```'"""""""""
If the judgment is attributable to you (my understanding), getting it off your CR's does not mean that it goes away. You should still get it vacated to protect yourself in the future.
Getitright: This statute explains what is required to set aside a default judgment in CA: Cal. Code of Civil Procedure 473.5. (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (c) Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action.
daveberk: Thanks for the statute... Have you had to vacate before? Do you know the statute of limitations. For me it will be 2 years in Nov. Thanks for your input. GIR
I have a letter from US Bank stating they have no record of this anywhere. getitright | ================== So how can they have a judgment then? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I would like to pose the following example: 1*Assume you had your way, and you could only serve a person PERSONALLY. The only way to affect service would be to hand to the defendant himself. 2*Now assume a drunk driver slams his vehicle into yours, rendering you a quadriplegic. You have medical bills in excess of $1,000,000.00. However, this guy knowing he will get sued has his family answer the door and they always say he's not home. Most states require you serve a person within 90-180 days of filing your lawsuit. If you do not SERVE within that time, your cases will be lost. SOL is gone, and you are SOL (Not statute of limitations). Is that fair? Before you respond, please remember we are assuming you can only serve the defendant PERSONALLY - (i.e. -- no spouse, secretary, court appointed attorneys allowed). 3*See why we have alternate forms of service? rocket1977 ================= 1* That's not my way and I never said it was. 2* This has nothing to do with the issue I brought up. 3*I see that but it's not about the issue I'm addressing.
