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#1
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Checked my credit 2 days ago and saw a collector who won a judgement agasint me in 2008 pull my credit in February of last year
Seems to me this is a violation. They pulled it under similar name but google results show its the same business. Same address Sued under FIRST RESOLUTION INVESTMENT CORP. 2008 Pulled credit 2011 under FIRST RESOLUTION MANAGEMENT CORP I.m so ready to pull the trigger, I need some advice is this a violation? How much? Kind if scared to do it because it might awaken a sleeping giant and they come after my wages or bank accounts.[/B]
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#2
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It could be that they pulled your report to see if they have a reason to enforce the judgment. That might be permissible. If it were me, I'd contact an attorney just to ask the question and find out for sure.
As far as waking a sleeping giant is concerned, the fact that they made an inquiry shows they're already aware of you.
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I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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#3
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humm according to this thread, they are saying NO its not legal..
Can a Plaintiff pull your credit after a lawsuit has commenced?
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#4
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Quote:
__________________
I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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#5
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no your wrong. It concerns a lawsuit that went to judgement that the op defaulted on and the creditor pulled his report after the judgement
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#6
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The OP defaulted on a credit card. The judge has not ruled on the case yet. There is not a judgment and it's still ongoing.
From the thread: "I am a Defendant in a lawsuit with a large bank. The lawsuit is approximately two years old. There have been no discovery requests or subpoenas issued by either side to date. I learned today when reviewing my credit report, that the Plaintiff pulled my credit report last month. Is this allowed? If not, what laws or statutes have been broken?"
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I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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#7
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This may answer your question. It's from the 9th Circuit Court of Appeals which includes California:
"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 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." Hasbun v. County of Los Angeles, 323 F. 3d 801 - Court of Appeals, 9th Circuit 2003
__________________
I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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#8
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Quote:
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#9
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No problem. I've misread posts too.
__________________
I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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