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Can a personal injury lawyer suing me pull my credit?


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I am being sued by a woman who ran a light and hit me. Her insurance company paid me and she got the ticket. However, a lawyer has taken her case and she is suing me for her injuries. And her husband is suing me too.

Can this attorney check pull my credit file legally? I ask because there is a credit inquiry on my report for the date just before they filed suit against me. And I can't figure out who it is. The name is not one I recognize. And my credit report just says N/A in the area that usually lists what type of company is pulling your credit. I also haven't applied for anything in the last 6 months.

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15 U.S.C. §1681b(f). (The cases all pre-date the 1996 amendments, which

confirm their holdings): Rice v. Montgomery Ward & Co., Inc., 450 F.

Supp. 668, 670-72 (M.D. N.C. 1978) (improper to obtain credit report

after suit filed for use in litigation); Klapper v. Shapiro, 586 N.Y.

S.2d 846 (1992) (no privilege for attorney who uses credit report on

opposing attorney during litigation); Bils v. Nixon, Hargrave, Devans &

Doyle, 880 P.2d 743 (Ariz. App. 1994) (improper to get report to

discover information which might be used in litigation); Duncan v.

Handmaker, 149 F.3d 424, 426-28 (6th Cir. 1998) (no legitimate business

need to obtain report to prepare for litigation); Bakker v. McKinnon,

152 F.3d 1007, 1011-12 (8th Cir. 1998) (same); Comeaux v. Brown &

Williamson Tobacco Co., 915 F.2d 1264, 1267, 1273-74 (9th Cir. 1990) (at

least negligence, as a matter of law, to obtain consumer report for use

in litigation); Auriemma v. Montgomery, 860 F.2d 273, 279, 280-81 (7th

Cir. 1988) (extra-judicial investigation by attorneys improper; no

privilege); Russell v. Shelter Financial Services, 604 F. Supp. 201, 203

(W.D. Mo. 1984) (defendant’s burden to prove request for consumer’s

information proper); Mone v. Dranow, 945 F.2d 306, 308 (9th Cir. 1991)

(obtaining credit report to investigate for purposes of litigation

improper); Yohay v. City of Alexandria Employees Credit Union, Inc., 827

F.2d 967, 971 (4th Cir. 1987) (improper for attorney to get spouse’s

report to use in litigation); Boothe v. TRW Credit Data, 557 F. Supp.

66, 70-71 (S.D.N.Y. 1982); Rylewicz v. Beaton Services, Ltd., 698 F.

Supp. 1391, 1400 n.10 (N.D. Ill. 1988), aff’d 888 F.2d 1175, 1181 (7th

Cir. 1989); Houghton v. N.J. Manufacturer’s Ins. Co., 795 F.2d 1144,

1149 (3d Cir. 1986) (obtaining report after litigation for use in

litigation improper).

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She "suddenly" has a witness that said she tried to give the police her info and they refused it. But the insurance company didn't know about this witness. Plus they go to church together. She even admits she was sitting in the intersection waiting for traffic to clear. In Missouri there's comparative negligence. If they can prove I was speeding or in some way contributed to the accident then she could get some money. This is a 4 year old accident and the statute of limitations for a lawsuit is 5 years.

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I find it hard to believe that a police officer at an accident scene would refuse to accept her identification. That's BS. You'll be calling the officer to court as a witness. Her church friend versus the officer's word is no contest. The officer's word will prevail. And she and her church friend can spend a few days in jail for perjury.

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