Rainbowspal Posted May 27, 2003 Report Share Posted May 27, 2003 Ok here I go....I have this judgment from 1992, they renewed in 1/02 and it just started showing on my credit report the last few months. From everything I have read here and advice I have been given....they CAN do that, however, they cannot report to CRA.I have been disputing it on TU to no avail....sent them the judgment info etc showing the original dt being 2/92....they just keep reporting it.I also sent the CA a letter 5/14 citing FCRA sec 605, 1681c & CA CC 185.13a giving them 10 days from receipt of the letter (sent CMRRR) to take it off my credit report.This letter threatened legal remedies etc. NO BUDGE!!!! called the CRA today STILL ON! Obviously, they are in violation and I need to threaten suit. What is my next step and (once again) tell me exactly everything I can get them on.They never even responded to my letter :boggle: ! not to mention that I have given TU everything they could possibly need to verify this is past the SOL for reporting anyway. It's like their in cahoots :urgh: Link to comment Share on other sites More sharing options...
bingo Posted May 27, 2003 Report Share Posted May 27, 2003 Actually, they're not in violation. Here is 605 of the FCRA. How long do judgments last in your state? Look at Para.2§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c](a) Information excluded from consumer reports. Except as authorized under subsection ( of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:(1) Cases under title 11 [united States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. (3) Paid tax liens which, from date of payment, antedate the report by more than seven years. (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1) (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( Exempted Link to comment Share on other sites More sharing options...
Rainbowspal Posted May 27, 2003 Author Report Share Posted May 27, 2003 well Bingo, as you can see by me posting Calif CC code I am in Calif judgments can stay on your report for 10 years just like 605 says....1992 from 2003 is how many years????? (11 yrs) they have renewed the judgment, but I have been told here that they can attempt to collect forever, but they cannot report it to the cras after the 10 yr sol.If anyone knows different, please help???actually 605 states 7yrs.[Edit by Rainbowspal on Tuesday, May 27, 2003 @ 03:27 PM] Link to comment Share on other sites More sharing options...
bingo Posted May 27, 2003 Report Share Posted May 27, 2003 Reread 605. It says 7 years or the governing statute of limitations whichever is longer. Link to comment Share on other sites More sharing options...
Rainbowspal Posted May 27, 2003 Author Report Share Posted May 27, 2003 Bingo...I am either dense or you're not getting this right. to antedate is (to backdate) my understanding is they backdate to the original date of the judgement, not the renewal....am I not right????If I am not getting this please state in regular terms for me ....the 7 yrs is according to fed law, calif statute is 10 yrs....for judgments[Edit by Rainbowspal on Tuesday, May 27, 2003 @ 04:30 PM] Link to comment Share on other sites More sharing options...
Rainbowspal Posted May 27, 2003 Author Report Share Posted May 27, 2003 ok I have read and re-read....it still states from "date of entry" not date of renewal. Calawyer,Swede, Ladynred....help.Actually, I just remembered something...when I spoke to the guy at TU he even told me they cannot "re-age" this judgment! but that they needed to see the copy of the judgment (which I faxed to him) so they could verify the "date of entry" :notsure: Link to comment Share on other sites More sharing options...
calawyer Posted May 28, 2003 Report Share Posted May 28, 2003 A judgment can be REPORTED for 7 years following the date of entry. Under certain state laws, however, it can EXIST much longer. The SOL is a red herring for judgments because the suit was either timely filed or the defense can no longer be asserted because the case is over. [Edit by calawyer on Wednesday, May 28, 2003 @ 11:48 AM] Link to comment Share on other sites More sharing options...
Rainbowspal Posted May 28, 2003 Author Report Share Posted May 28, 2003 calawyer, please explain what you mean by a red herring. The original date of judgment was 2/92. Everything I have read states that there is a 7/10 year SOL. Whether or not the judgment exists is not my question here....I know it can be re-newed. I want to know if it can be reported. :notsure: PLEASE! Link to comment Share on other sites More sharing options...
calawyer Posted May 28, 2003 Report Share Posted May 28, 2003 It can only be reported for 7 years. There is no SOL on a judgment. Link to comment Share on other sites More sharing options...
Rainbowspal Posted May 28, 2003 Author Report Share Posted May 28, 2003 Wonderful ! Thanks Calawyer...so back to my original ? If the CA will not stop reporting to the CRA then I have them on a FCRA violation ...correct???For that matter...TU also, because they won't remove, even though they have a copy of the original judgment. Kind Sir??? Link to comment Share on other sites More sharing options...
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