I went to the court house today and spoke to a sweet lady and showed her where TU and EFX have said the tax lien on my reports were certified and verified and she said BULLS**T, they do not verify or certify so she had me wait, Typed a letter saying that they did not certify anything, Had the county Clerk (a elected official) sign it and filed it with official stamp and all, Then wrote a letter from me to her asking to verify that they had the CRAs had contacted her and had me sign it. Now I have two letters from her saying the CRAs are lying, she then called the County Judge and ask her to hear the case if I were to file and Now I have an appointment with the Judge to discuss the facts of the case. I did not have any intention of filing suit but I will if I need to. Also the county clerk is going to contact the State attorney general to discuss the CRAs lying on a credit report and a letter to me. Looks like I have stirred up a hornets nest but I have a ear to ear grin.
not that i am disputing what you are saying, but it was my understanding that tax liens, etc are verified via automated system - like PACER? would if be feasible that if they did call or mail that someone other than this person received it? also too, i find it odd that the judge would agree to meet with you without the other party present as that would be prejudicial and the other parties in this case would more than likely cite conflict of interest.
Jenz Why do you always become confrontational? give me a fax number and I will send you the letters, " not that I dont believe you" why didn't you just say you are lying. I have nothing to gain by not telling the truth The county clerk does not use pacer in this county, all by hand and her letter states that. "Verification is not available via Internet" Just let me have my little success . I was trying to make a point that if you persist you can become successful. As for the judge all cases must be approved before they are filed and in a small Texas town she pretty much does it all herself. her Idea is that she does not want to waste time and money on a case that she can not hear, just a review of the facts and documents that will be filed
For once I agree with you jenz. How did the judge agree to hear the case? Judges don't just say, "give me that case", they are assigned. Further, you haven't filed any lawsuit, so there isn't any case to discuss, and finally, never, in my life have I seen a court clerk give legal advice and be willing to jump into the middle of something like this. They aren't lawyers and they aren't allowed to discuss the merits of a potential case.
County clerk and county judge, only one court here. I am sure the CRAs will try to bump it to a higher court if it even gets that far, I am hoping that the letter that the county clerk signed will get me a deletion.
Trent......I believe you. This isn't federal court, it's....County Court. A lot more lax in these courts, right or wrong. Some of these judges don't even know what the FCRA is.
Re: Re: sticking it to the big 3 Let me add trent1059 that I'm not saying you are lying. I'm saying it sounds strange. If the judge and clerk are getting involved in this, they are putting themselves in a precarious situation.
Trent, I'm flying with jenz on this one, while I agree with what you've implied, that pacer isn't sufficient as verification, how you've represented the court system doesn't happen and can't. Are you in another country perhaps? How did TU report to you that the information had been certified? Sassy
happend, over, sorry I even posted, I know what happened, what the letters say and I am hoping for a delete.
It's not the letters anyone was questioning, trent, that's a well documented process with some long threads describing it, would you like some links????? Your letters will get you a deletion if you use them right. It's this part that doesn't happen: ...she then called the County Judge and ask her to hear the case if I were to file and Now I have an appointment with the Judge to discuss the facts of the case. I did not have any intention of filing suit but I will if I need to. Also the county clerk is going to contact the State attorney general to discuss the CRAs lying on a credit report and a letter to me. And, I don't disbelieve you, if the above truly happens you will never be able to win a case because of the actions of the judge and clerk -- they can't do that, it's not allowed. How did TU report to you that the information was "certified"???? Sassy
All you nay-sayers would be amazed and shocked at what can happen in a small town, where the Mayor is the Banker and the Sheriff is the Barber and also writes for the local paper. Right or wrong, this kind of stuff happens all the time and I doubt the other party in the case (if it's ever filed) will find out about the actions of the clerk and the judge. If they don't know about it, they won't raise an objection or motion to dismiss on those grounds. I mean, who's going to tell them?
Re: Re: sticking it to the big 3 i'm not being confrontational - argumentative and realistic maybe, but not confrontational. i dont want you to get screwed because the judge/county clerk are doing things that maybe could cost you your case. if things work out for you - which i hope they do - wonderful.
Why would the other party be present when there is no claim against them? As far as assigning the case, the clerk requested the availability of a certain judge. That doesn't equate to judge shopping, maybe this is the only judge that has any knowledge of the issues at hand, and this particular court may have a system of assigning cases based on knowledge of a particular judge.
it sounds as though there is only one judge and i know the OP said they aren't planning on bringing suit. (note, the clerk WROTE one of the letters from the OP to the clerk) but look at it from another perspective: would it be ok for a creditor who might bring suit against you to meet with the judge before hand? how about getting legal advice from the clerk? no it wouldn't and i know i would be having a fit if that happened. in my state, they (judge/clerk) are breaking the law. the point of the court system (judges, clerks) is equal and fair treatment regardless of right or wrong, big business vs small, consumer vs CRA. and no, i am not siding with the CRA or OC's. i am being realistic and trying to prevent problems.
Oh come on.......how often do you hear of mistrials in small claims/county court, nontheless in the town of Mulberry. Who is to say the meeting would not be documented and forwarded to the interested party when the complaint has been filed, if it ever is?
Small county in texas , 1 Judge and again we are talking about small claims court( Justice of the peace) She and one of the best defense attorneys in town are married . All the clerk did was see the letter from TU that said that she had certified the information was correct and knew that she did not and it made her mad, she then called her best friend the judge and ask her to review the documents to see if she would hear the case if filed, and again the judge reviews all cases before filing so it is just not mine. The county clerk is not the court clerk for the JP court so they are two complete different branches of our govt. I e mailed the letter to Nana so she could chine in here if she wants to, maybe she can shed some light on this. When I disputed with TU they sent me a letter and when I asked for procedure of investigation the sent second letter that stated that the clerk of the county had certified the information as correct and verified, not that pacer had verified, the clerk of the county had certified it. she did not and does not for anybody.
rather than go round and round...i'll just leave it as a good luck and be careful (and i mean than sincerely)
Have you asked TU why they would claim a county clerk verified it rather than saying a court clerk did?
Re: Re: sticking it to the big 3 Trent, That is hugely different, HUGELY, from what you typed in your first post. Please post the letter you received from TU, they don't routinely use the word "certify" unless in response to something being reinserted -- is that the case or was it a generic form letter????? Jenz, is right about the letter the clerk typed as well as discussing the facts of the case with the judge. Sassy
