ok have a question can anyone answer here. can a custodial parent pull a CR for their EX for location info to serve paperwork for lawsuit for child support? or can only a governmental agency do this ? is this a state law or federal?
-A citizen spouse cannot pull a credit report of another for child support UNLESS IT IS AFTER JUDGMENT. -A govt agency, like DPSS, can do it. Check here: http://www.ftc.gov/os/statutes/fcra.htm#604 THIS IS QUITE COMMON. It is also illegal
i do have a judgement but I need to have him served for contempt action for failing to pay, I do not have employer info yet so I can not do a wage assignment I am hoping the CR will have this info. in this case do I have a PP to pull the report and if so how would I go about doing this?
Just read that section, dont see where I would be entitiled to pull the report even If a have a judgment. am i missing something? It does say the gov or state agency can but they are like NO help whatsoever :0 grrrr and wont do it to assist me they have too many cases. I may be able to get a court order that will enable me to request it, but looks unlikely. im just trying to figure out a way to locate him other than using switchboard.com the post office or DMV I thought about law enforcement ( sheriffs office )having a pp to locate him for service. any suggestions?
I posted the case cite in another thread.. I think it was called "I need a credit report" Im searching for it....
-I just found comments about this. According to at least one court, A CREDIT REPORT CAN BE USED TO COLLECT A JUDGMENT. "Like other creditors, judgment creditors may utilize § 1681b(a)(3)(A) to access consumer reports. We think the Federal Trade Commission's (FTC) commentary is persuasive:A judgment creditor has a permissible purpose to receive a consumer report on the judgment debtor for use in [*5] connection with collection of the judgment debt, because it is in the same position as any creditor attempting to collect a debt from a consumer who is the subject of a consumer report.16 C.F.R. Pt. 600, App. at 509 (2002)." Hasbun v. County of L.A., No. 02-55495 , UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT , March 3, 2003, Submitted * Pasadena, California* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2)., March 20, 2003, Filed
Im going to write the FTc to be on the safe side and get staff opinion just incase, I dont need a fine or anything worse for a non-pp. I appreciate the posting thx