cnoob

New York judgments and the 5 year rule

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Okay, so I know that NY has its own rules re: reporting satisfied judgments for 5 years as opposed to 7 years. Here's the law and the url:

NY Gen. Bus. Article 25 Section 380-j(f)(1)(ii)

http://caselaw.lp.findlaw.com/nycodes/c44/a53.html

(ii) judgements which, 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; or judgments which, from date

of entry, having been satisfied within a five year period from such

entry date, shall be removed from the report five years after such entry

date;

However, how do I apply this law precisely?

For instance, if I want to use this law to get a NY judgment off of my report TODAY, do I have to be a current NY resident to do so? Or is the fact that the judgment was entered in NY and/or that I was a NY resident at the time enough to make this law work for me?

Thanks.

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read the whole statute. If you do not live in NYS, teh CRA will probably ignore you. However, I argue the statute governs what teh CRAs can report from the NYS courts, and you should get it removed if it is paid and the 5 years has elapsed. If they won't do it, sue em.

Alright. I'm ready!

Here's what I'd like to slam them for:

1. Continuing to report the judgment after it was obsoleted by the five year rule.

2. Failing to respond to my procedural request (they sent a form letter "we have ways... and stuff").

I now live outside of NYS. Can I sue the CRA in federal court for not complying with NYS law?

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read the whole statute. If you do not live in NYS, teh CRA will probably ignore you. However, I argue the statute governs what teh CRAs can report from the NYS courts, and you should get it removed if it is paid and the 5 years has elapsed. If they won't do it, sue em.

Alright. I'm ready!

Here's what I'd like to slam them for:

1. Continuing to report the judgment after it was obsoleted by the five year rule.

2. Failing to respond to my procedural request (they sent a form letter "we have ways... and stuff").

I now live outside of NYS. Can I sue the CRA in federal court for not complying with NYS law?

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Did you pay this judgment? The 5 year rule applies to paid judgments only

Yes, of course I paid it! I understand how the rule works. Gimme some credit will ya?! :)

Now, tell me, come on. Re-read my other post. Can I sue in Federal in my current state of residence?

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Did you pay this judgment? The 5 year rule applies to paid judgments only

Yes, of course I paid it! I understand how the rule works. Gimme some credit will ya?! :)

Now, tell me, come on. Re-read my other post. Can I sue in Federal in my current state of residence?

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I would think that you should sue in State court. Reason being, it's a state law you are suing under; not Federal.

I think you misread my post or don't fully understand the question here.

I want to sue the CRA for two transgressions. One is a state transgression and the other is a federal. I would sue them in federal, listing the federal violation as the predominant issue and add the state violation as a supplemental claim. I've done this several times in federal court with no trouble, except in those cases the state violation applied to my current state of residence law.

With that in mind ...

My only question is this: can I use this methodology to sue in State X's federal court when the state violation I've found is under State Y's (ie NY) law?

I remember reading somewhere that a failure to comply applicable state law IS a violation of federal law when it comes to FCRA.

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I would think that you should sue in State court. Reason being, it's a state law you are suing under; not Federal.

I think you misread my post or don't fully understand the question here.

I want to sue the CRA for two transgressions. One is a state transgression and the other is a federal. I would sue them in federal, listing the federal violation as the predominant issue and add the state violation as a supplemental claim. I've done this several times in federal court with no trouble, except in those cases the state violation applied to my current state of residence law.

With that in mind ...

My only question is this: can I use this methodology to sue in State X's federal court when the state violation I've found is under State Y's (ie NY) law?

I remember reading somewhere that a failure to comply applicable state law IS a violation of federal law when it comes to FCRA.

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I think you probably could sue, using the NYS law as a basis, since the judgement was entered there. The CRA will kick and scream and argue, but the NYS law governs their course of business. You might want to throw in a local deceptive trade practice claim.

Thanks!

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Is a collection the same as a judgement? Because my collection company, conserve said that my collection will be removed in 5 years if i pay it off. Is this true??? BTW, i live in NY

I believe that paid collections in NY can be removed after 5 years if they have been paid in full within 5 years.

There's a link to the law in the original post. Read it for yourself to be sure.

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" (ii) judgements which, 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; or judgments which, from date

of entry, having been satisfied within a five year period from such

entry date, shall be removed from the report five years after such entry

date; "

Me thinks it only applies to judgments, but if CRA will do it for paid collections, great.

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The interesting thing is the Credit bureaus also consider paid to also include accounts sold. My providian was to be removed april 2007. The JDB entry for the said providaian account is listed for the 7 year period.

RA or anyone else if I move back to New york for the summer and chage my info with the CB do you think that I may be able to get them removed. The law says nothing about temporary residency. Anyway, I will always be a New Yorker no matter what my address says.

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When was that state law enacted? If it's after 1996, it is preempted by the FCRA 7 year reporting period.

§ 1681t. Relation to State laws

(B) General exceptions

No requirement or prohibition may be imposed under the laws of any State—

(1) with respect to any subject matter regulated under—

(E) section 1681c of this title, relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on September 30, 1996;

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Article 25 of the NYS FCRA

S 380-j Prohibited infomation (iv) ... accounts placed for collections or charged to profit and loss which antedate the report by more than seven years; or placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years;...

The question is when does the 5 year period starts? The date you paid in full or the DOFD:confused:

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Article 25 of the NYS FCRA

S 380-j Prohibited infomation (iv) ... accounts placed for collections or charged to profit and loss which antedate the report by more than seven years; or placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years;...

The question is when does the 5 year period starts? The date you paid in full or the DOFD:confused:

DOFD. as long as you paid it will be removed in 5 years if you are currently a NY resident.

Also it does not have to be paid in full settled accounts are also removed as well as the OC if the account was sold.

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