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CA never updated paid judgement. Can I sue?


calpine34
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I am new to all this and needs lots of help but the first thing I 'll ask is relatively simple.

I had a debt to a CA that I couldn't pay at the time. The CA filed a judgement against me. A few months later I had the funds and paid the debt, settling the judgement in full.

Approximately 8 months later I pull my credit and the judgement is still listed as not having been paid. I contacted the CA and they said they had goofed up and not notified the court that it had been paid in full. They then sent thecourt a letter showing the debt had been paid. After that the entry was updated on my reports as a paid judgement. The CA sent me a printout showing that me the original date that I had paid them according to thier records along with a copy of the "settled" letter from the court.

My question is this: Since I paid the debt and the CA did not report that it had been satisfied for another 8 months and it was being reported to the CRA's for those 8 months as still not paid, can I sue the CA who filed the judgement for something ($) ? I could use the money to pay off a couple other smaller debts so that would be helpful, but not sure where to start.

Any help is appreciated. Also what type of dollar amount should I ask for if I can sue them?

Thanks.

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Yes you could. For violating section 623 of the FCRA.

Whether you would win is another matter. The problem I see is that since they corrected their "mistake," they can claim a defense of bona-fide error and totally escape liability.

You would have to prove some serious actual damages against them for the false reporting to actually prevail on such a case. Like if what they were reporting cost you $20,000 or something. The simple $1000 statutory would be unconvincing.

There might also be cause under the FDCPA, but I don't see anything specific in the law that would apply here...it would be up to court interpretation as to if the reporting functions for dispute equally apply to undisputed incorrect information.

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Would it be worth my while to write a letter to the CA and tell them of my intention to sue and see if they would suggest an out of court settlement like a few thousand dollars or something?

I did haveall kinds of problems trying to get approved creidt duirng that time and have turn down letters citing the judgement being the cause. Would that have any bearing?

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Actual damages can be equated to the value of the declined credit. For example. if you were turned down on a home loan for $60,000, then your actual damages are $60,000...the value of the credit you were declined. You'd also have show how that decline of credit actually caused you hardship. Being declined on a home loan and having to live out of a Hostel would be pretty convincing. Being unable to buy a plasma TV because your BestBuy application was turned down would not.

Personally, I think their lawyers would simply tell you that they would execute a bona-fide error defense (which they would) and ask for a dismissal.

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Its a small local atty who represents this company so do you think that would make a difference since they aren't a Cavalry Portfolio or something?

During the time, I was turned down for a and car loan a couple times and had to pay a higher secuirty deposit at the apt I rented, would that be sufficient?

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If the car loan decline inhibited your ability to get to work, prevented you from visitations on a child in a divorcees custody, or something equally serious, then yes. That would be a convincing argument. The higher security deposit might be harder to prove unless having to pay the extra deposit prevented you from using the money on something critical.

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