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HELP!! Bureaus are refusing to remove vacated judgments


Mannerheim
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Hey,

I've been fortunate enough to get three paid judgments vacated (set aside and dismissed). I got copies of the orders and overnighted them to the bureaus in hopes of a quick removal.

After about 2 weeks, I called Experian today, and they said that they received the orders, reviewed them, and when they called the court to verify, the court told them to keep the judgment on my credit report.

I told the rep that the court told me that they didn't correspond with the bureaus, and the rep told me that the confirmation was through a company that reports to them on behalf of the court.

One of my orders literally said the following:

---- ORDER ----

GOOD CAUSE HAVING BEEN SHOWN, the Judgment entered on ____/____/____, in the above entitled action is ordered vacated and the action dismissed. All notations of delinquency or collection activity regarding this account shall be immediately removed, deleted or revoked (including but not limited to Equifax, Experian, Transunion, Sherman Acquisition, Sears – its assigns and successors).

--------------------

How much of a no brainer is this?

The bureau is refusing to remove this item, saying that the court's representatives has advised them to keep it on.

What should I do?

xSteaminx

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Called the courthouse? Baloney. I have never had a single verified instance of one of the "big-3" calling the courthouse to verify. All they do is a database match-up with Lexis or one of the other court-vultures.

Send a letter to the courthouse clerk asking for a written reply if they had contacted the court to verify the dismissal. By doing it in writing you get your reply in writing. If it comes up, as I think it will, that they never contacted the court clerk's office, then you can go from there for willful violations of the FCRA.

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Thanks Methuss, you're sharp as always.

I just got off the phone with the court clerk, and she said that many companies come in and use the public computers at will.

Experian was straight enough to tell me that the info was confirmed by a third party. Does that still violate the FCRA?

THANKS!

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Yes. Verification through a third party is a violation of the FCRA. Time and again they loose court cases on this subject. The CRA is required to do their own investigation into the matter, not rely on someone else then parrot it.

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Lots of good advice from everyone,

If it were me in your shoes and I will be soon, I would want to make sure that whomever I'm speaking with on the phone had the correct data, (I’m almost guessing that the people working at the companies have a rating or performance grading system, so in my experience I have at times felt like they would tell me what ever B.S. they could fabricate if they didn't know or have the answer just to process my call) My point being that if I knew I had a competent CSR on the line; I would insist that they give me a direct fax number that either they or someone else can access, so I could fax my letters to them to make sure that they have all of the proper data, and aren't just talking out of their @#$@'s The reason I say this is because I would be concerned as to who's desk or what suck hole the previously sent paperwork had floated off too, thus making sure that they are not just looking at some screen which shows a previous dispute and verification and likely have no clue or means to know what your saying is in fact the reality of the situation.

The only last consideration is they do have their 30 days and may take every one of them, unless you can use the honey trick maybe.

If in the end they continue to mess with you and specifically violate then you may want to seriously consider suing for violations. Personally and I've said this before I know these folks are going to have me on their radar screens forever, I'm not enthusiastic about obtaining a mud status with them. I would always try everything else first, but there is a time to bark and or file paperwork. G/L w/it

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The CSR told me to send the information in again, which I told her was futile, as I had paid $13 the first time to have it ovenighted, and had the receipt to prove it.

After alot of pushing, she said that she was going to get the papers from the mail room, where she said that they would be filed. The whole process could take up to 30 days she said. It all sounds rather strange to me.

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