Jump to content

PLEASE HELP ASAP! To sue or not to sue? 2 different replies!


Recommended Posts

I've been fortunate enough to get three paid judgments vacated (set aside and dismissed). I got certified 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?

I have been given a wide range of advise in the Credit Repair forum, but haven't heard anything from this forum. My responses have ranged from "sue them now and get a check" to "nothing is remiss here".

From what I've learned here, for the CRA not to directly contact the Court for their investigation, is a violation of the FCRA. I've reviewed the FCRA, and the closest thing I find is as follows:

----

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer.

----

Technically, they did contact the party that "provided any item of information in dispute", that being Innovis/Lexis, etc. What they didn't do, is consider the information that they received from the consumer, i.e. the certified copy of the court order that I sent them.

I've never sued the CRAs before, so I guess I want to make sure my ducks are in a row before proceeding.

Any input and/or examples of lawsuits would be greatly appreciated.

Thank you.

Link to comment
Share on other sites

cast a wide net if you are going into court. Haul them both in as parties to the same suit and they can try to convince the judge why they are not compacent.

BTW, if you are going after any of the CRAs you might consider filing on a lower court, possibly even small claims. They almost always move it to federal so you can save some $$$ and let them pay to move it to federal.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.