Good evening everyone, I have an interesting dilemna. In a recent dispute I sent to EQ of CRA fame they somehow managed to verify (2) Judgements. (1) Is from the state of XX for collecting a fee ($190)for CS attorney services. I have the court document showing the amount is satisfied and Judgement closed. However EQ is showing " Disposition unknown" (2) Is from a CA local in town (very small town) and the CSR I spoke with told me he would have to go to the basement to pull the Judgement ($119) and verify my information. Also shown as "Disposition unknown" Is there any possibility EQ is bluffing? Is there any way to have them removed? P.S. Sorry I didn't include "uniondiva" in my last post.
The thing to do is ask for a deletion on the basis that they are reporting inaccurate data. Also send them a procedural request demanding to know what methods they used to verify the judgements, ie who they spoke to, the number they called etc. If they are bluffing this will probably result in a deletion on both judgements. One other way to go about it is to request a copy of the entire case file for both judgements. If anything is off even the case number by one digit it must be deleted. In the case file should be information on how they served you. If this is inaccurate you can send a motion to vacate the judgemenent on that issue. I would suggest that you stick with the dispute process through the CRA's for now as that is probably the easiest route. You can also dispute as judgement expired (check the sol in your state) I have heard that others were successful with this method.
It's okay..... i am not an expert, I have only been here since Oct. 2001. but the advice on the judgments is correct... although i do notice eq must be using lexis or something, because i am having similar issues with them verifying judgements. what has happended with them on the othe cra's. my tu will have no pr by the end of the month exp i am filing lawsuit on eq considering lawsuit. depending on how many negs you have, send a procedure request (crrr) and begin to set them up for violations.
A motion to vacate cannot be done by mail. It is a motion made before a court in person or through an attorney. The judge will also require the other party be notified and given the opportunity to oppose your motion.
You are correct. I meant "file" instead of "send". And yes the other party must be notified, however if your grounds for filing the motion are valid and you have some supporting evidence, I don't see what the other party can contribute that would change the outcome.
I agree and just wanted to clarify for those who might not understand the process. Welcome to the board Robin! Jeff
