Jump to content

Can the Court Verify or Deny your Bankruptcy


credit123
 Share

Recommended Posts

This was from another forum so here goes.

"all court houses, they are obligated to maintain records, but they have no obligation or duty to report such records to the credit reporting agencies.

It is public record, so instead what happens, is that the credit reporting agency contracts various companies to personally go into the court house collect the records for the credit reporting agencies to report, and also be available to follow up on any consumer dispute.

The credit reporting agency has errored the system, they only report the name of the court house, since that is what is connected to the file, but they fail to inform the consumer which contracted company actually did the work."

So with that in mind, all a consumer has to do is after disputing and finding an item verified, then contact the court house getting letter from them attesting that they did not verify with any credit reporting agency.

The ploy is to get the credit reporting agency to delete said item since they failed proper procedural requests.

Has anyone heard of such a thing and would this work?

Link to comment
Share on other sites

I think it would work. If you get a verification from the CRA's regarding a public record, and they say they go to the court house, get it in writing from the court houe that no CRA ever called there, and you should be good. I think procedural requests are the achilles heel for the CRA's.

Public record info is verified by lexus nexus, fyi

Link to comment
Share on other sites

I think there has to be a paper trail, I don't think it can be done by a phone call.

It's a fact the court houses have the information on file, but, heres where we benifit, I know for a fact in my area the court houses provide copy services or pay per copy machines, figuring about $.20 per copy and/or the cost of the contractor and postage.

I'm sure these so called contractors make a decent dollar just doing title searches. Why bother with the small stuff?

I don't think they verify all of the requests I think the costs would be overwelming if everyone disputed these records.

I personally think (and from my experience) anyones best bet would be to dispute all public records/BKS in their files at one time. If you have a few I think they will be more inclined to just delete them rather then pay to verify.

Example:

4 public records x $.20 per copy plus postage $.37= $1.17

Now multpily that by say 500 people =$585.00

Thats not including the cost of said contractor.

Could get real expensive real fast.

Link to comment
Share on other sites

The one thing I have going for myself is that when I called the court clerk and gave her my SSN:, they didn't have any record of my on file. Because my BK was about 7 years ago, they moved my files to an archive in CA.

Apparently, it takes three weeks to get information from the archives. First you have to mail in a letter (turn around time is two weeks) then it takes another week to for the court to gather the information and mail it back you.

I have disputed my BK to all three CRA's and had it removed from one (first time). The other two came back as verified and they said they verified it through the BK Courts (so they say). I have all the letters they have sent back to me, so once the court sends me the letter, I plan on mailing them their letter along with the courts letter and my own letter.

So hopefully this will work.

Link to comment
Share on other sites

Before you go off half-cocked trying in vain to get a legitmate public record removed, you need a thorough understanding of this process.

When independant contractors gather records at various courthouses, they don't simply hand those over to the CRAs. They sell the records to third party clearinghouses, like LexisNexis, Hogan and Choicepoint. These "fringe" CRAs then re-sell the records to other CRAs, including the big 3. So, once your record is in a database somewhere, simply verifying its' existence there is enough to substantiate. This, obviously, cannot survive a MOV lawsuit, but unitl that point, the record will be verified.

FYI, social security numbers are not the be-all and end-all of credit information. This is true for account information, even more so for public records. Even for public records which have your SS#, like federal tax liens and bankruptcy, those #s are truncated according to privacy laws. This is the main reason that SS#s are not the number one criteria in the merge logic. Certainly, having your social attached to a record, or account, provides some verification that it is yours. But it is not the only way to prove something is yours, nor is it necessarily the first (and best) way. There are many items which normally appear on your CR that are not tied to your social. These include other types of tax liens, foreclosure actions and collection accounts arising from bad checks, to name just a few.

Even if you are successful in getting the record removed from some or all of the CRAs, if that record still exists in a minor database, it will, most likely, get re-inserted.

Link to comment
Share on other sites

Bankruptcy records are forever and have been available on the Pacer system for the past several years. Prior to Pacer some districts have online records of filers from twenty years ago complete with social security numbers! Need a credit card? Look someone up and apply for credit in their name. <g>

Link to comment
Share on other sites

Thanks for the insight, however, this isn't new news to me. I'm assuming Lexis Nexus is probably the 3rd party who is reporting the BK. Should my vain half-cocked effort be successful the chances of it's reappearance are slim but obviously possible. If it does reappear, the CRA's have five days to notify me of their action, if not, they will have to remove it.

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.