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CRA Battle


kgb122055
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I had been fighting to get a paid judgement off my CRA's. Finally I got it off but an old one that I had filed b/k on (that I got off a year ago) came back on my TU. Does anyone no why that would happen? I diputed online with TU yesterday, but what a pain in the butt this is.

BTW I love reading on this site since I found it 3/4 months ago. Everthing is very helpful.

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"...Does anyone know why that would happen..."

Public Records are open and available to everyone at your local courthouse. The types of PR that can appear on a CR are searched out frequently by enterprising individuals, who then sell them to data clearing houses, like LexisNexis and Choicepoint. Those secondary CRA's then re-sell the data to the CRA's. So any PR may appear on your CR at any point in time that the PR is valid. These items are supposed to appear in the "Public Records" segment of your CR, IF they are within proper reporting time. You can research the appropriate time period by reading the FCRA, 1681c, Section 605.

If you manage to have a legitmate PR removed, or shielded from view, that is no guarantee that it won't appear again. The FCRA goes on to say that IF you have something legitmate and valid (like a judgment) deleted, it may not be reinserted unless it is certified to be complete and accurate. "Certifying" a PR is not a difficult process. PR's are required to be kept accurately by the county/parrish. They impact a lot more than your CR. It's not far-fetched to assume a recorded PR at any court location is valid, accurate and easily "certified" as such. In short, no one has to prove anything.

The only wrinkle that works in your favor is that the CRA is supposed to notify you of reinsertion, in writing, within 5 business days. You may wish to read this for yourself. It's in the FCRA, Title 15 USC, 1681i, Section 611(5)(B).

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Also, did you get a discharge on your BK?

I was able to file a motion to vacate judgment based on BK law. BK law provides that any judgment that is a part of the BK that is discharged is "VOID". I use that section of the law and then quote the definition of VOIDS from Dictionary.com (Wherein one definition states "to vacate" ;) ) and then the judgment itself is vacated and it never reappears on your bureau.

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Thank you for your help.. Actually I have got a discharge for that on my b/k...Truth is I filed b/k for this same judgement with my s-corp, when they came after me personally my b/k lawyer said ignore it and we'll just b/k personally..I think he was wrong now, but it's to late to do anything about it now(I think).

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