Some simple questions

In Florida you have one year to move for a motion to set aside final judgment. Since you said its 3 years old, you might be out of luck unless, there was fraud in obtaining the judgment.


Cyprigirl

 

The CRA's don't care what the other CRA's report. You need to separately dispute with each CRA that the duplicate appears on.

 

Both Cyprigirl and Pat are correct in what they say.
On top of that, Cyprigirl obviously knows about the Florida laws which I don't specifically know about.

I will amplify however on her comment about the possibility
of some fraud having occurred in their getting the judgment.
If one discovers a serious flaw in their proceedings, there is no statute of limitations to file motion for void judgment. There are some limitations on the time you must file once you have discovered fraud or reverseable error, and I think that limit is about 2 years in most states.
The only real problem is that you must really do a lot of studying in order to be able to determine what is and what is not reverseable error or fraud.
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Pat answered you correctly on this one and that's about the end of that.

1. Is it necessary to dispute a duplicate credit entry with CRA "B" if CRA "A" couldn't verify an entry and removed it. Do I need to send an updated copy of the credit report showing the entry deleted to all other CRAs and demand they remove it also.
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2. I have disputed a few accounts with Trans Union and they sent back some cryptic credit report showing the entry as verified but the "last verified date" is two years ago. To add to the mystery some of the entries were deleted as being not verifiable with Equifax and Experian. Are they really
verifying them or just ignoring my inquiries? Do I have to play hardball and demand some type of documentation or a contact person who verified the debt. Some of the accounts are from out-of-business companies, where I can't even get a phone number.

Do you have your baseball pitcher's mitt in good shape and well oiled? If not, you'd best get out the old oil can and the glove because you are going to have to play some hardball to get the results you want. Count on that.
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3. How can you successfully get a 3 year old judgement removed. I am willing to settle the judgement. With a revolving SOL and credit reporting time (I'm in Florida), I think I'm at their mercy on this...help!

You may or may not be at their mercy. I didn't notice where you said what the amount of the judgment was. That would make a difference as to how far you would be willing to go and which direction you should go in.

 

If I were you, I would not send any CRA a copy of a credit report from any other CRA. If there are negative items on 1 report that is not on the other, and you send it to the other, it may just appear on that report at some point.

 

I had to chuckle over your post, LKH.
Not that there is a thing in the world wrong with it.
Au Contrare.

Just happened to remind me of a long list of the old "height of" jokes.

Height of stupidity???

Telling one CRA what the other has on it's files about you???

Seems like that ought to come close.

 

have you sent them a validation letter, just because they have a judgment does not mean they don't have to verify the item. But I would handle this very carefully because they already have a judgment against you.

Were you also properly served for this judgment against you? But the three year time lapse is problematic. Try the validation letter approach, if they can't prove you owe this debt to begin with then I think that should be grounds for vacating the judgment on a irrevsrible error.

Good points, Bill


Cyprigirl

 

And your's too.

I'm going to be doing some major additions to my website over the next month or so.

Lots of neat form letters and strategies are going to be added, and many of them will be available for public use.

Some I'm working on will also be form drafted lawsuits all ready to go for filing with the U.S. Federal District Courts. All that will be necessary will be to answer a series of questions which will lead one to the proper legal form which can be used with very slight changes not only for potential filing as lawsuits in U.S. Federal District Courts but as "notice of intent to file suit"

The point here will be that if one has a properly prepared suit ready to go to U.S. Federal District Court and with the name of the plaintiff already filled in, some of these bozos who think they know the collection agency business and how to collect debts and turn problem debts from red to black ought to get the idea they just might ought to get a different point of view instead of just trying to bulldoze people.

I don't like the idea of using a C&D letter although one of those will be among the first form letters to go up on my website for public usage. The reason I don't like to use a cease and desist is because I want them to make as many mistakes as possible, and sending one of those is a pretty good way to make sure that they don't make mistakes. And if they don't make mistakes, what are you going to nail them on?

 

If you can't find any errors in the original proceedings then that might be the only option open to you.

Have you checked the rules of civil procedure for your state and the case record itself to see if you can find any errors in the filings, briefs or statements?

One of the case rulings you might want to look at is Trinsey v Pagliaro to see if Judge Woods' ruling in that case might hold some interest for you.

I think you can find the case cites by doing a search for either of the two words, "Trinsey" or "Pagliaro" in the search box below the postings.

If I remember correctly, I posted that in some previous message.