cracrap Posted April 12, 2007 Report Share Posted April 12, 2007 okay, ill try and make this long story not so long...tryin to help brother clean up credit...just listed on his cr is a CAPITAL ACCOUNTS..hes in n.c. and according to his cr ,they're in tennessee ...they sent him a letter in dec06 stated he owed a debt of 5k but no other info on who they were trying to collect for..he sent them a c&d letter, disputed it and asked for verification of the debt like to begin with ,,who is the oc?? they never responded back so he forgot about it ..flash forward , we pull his cr this month and lo and behold , they report a collections account on behalf of a company that hes never heard of.. i researched on the internet and found them to be a licensed roofing company in cali ,i called the roofing company and they said one of the employees there got a personal judgement against him but they were under no obligation to verify that nor would they send proof of a judgement..so i called the ca and asked if they could send a copy of the alleged judgement and why wasnt it marked as being disputed on the cr as required ? the ca claims to have mailed out a copy of the judgement in jan07 and they dont have to mark it as being disputed because it is a judgement which makes it public records and you cant dispute public records according to him..so finally convinced ca that a copy of the judgement was never received so how could the debt be paid if we didnt have any proof of a judgement?? so he agreed to fax a copy of it over to me..(a 3rd party source??)...turns out ,an INDIVIDUAL PERSON, received a judgement on a business matter in the name of my brothers business in 03,,almost 2 years after he left cali!!!naturally a default judgement..anyways, the individual somehow ran the judgement through the companys collections people who in turn put it on my brothers credit report listing not the individual who received the personal judgement but the company that he works for is listed as the oc when in fact they have nothing to do with it nor is the judgement in their name... he wants to pursue the ca since i dont think he can do anything to the individual person with the judgement because they are not reporting ,only the ca is ..note: their is no judgement listed from public records on his cr because the judgemnt is listed in the name of his bz possible violations?? advice??? Link to comment Share on other sites More sharing options...
willingtocope Posted April 12, 2007 Report Share Posted April 12, 2007 Advice? Yes. Learn to use the caps key, and throw in an occasionals period and paragraph break. It might make your posts a little easier to read.What I was able to decipher says there is a judgement against your brother, right? For what? Was it his debt? Link to comment Share on other sites More sharing options...
cracrap Posted April 12, 2007 Author Report Share Posted April 12, 2007 Advice? Yes. Learn to use the caps key, and throw in an occasionals period and paragraph break. It might make your posts a little easier to read.What I was able to decipher says there is a judgement against your brother, right? For what? Was it his debt?BUT IF I USE THE CAP KEY, and a couple of .......,and then break it upwith each paragraphthen that defeats the purpose of making the long story short.the gist is: lets say that "willing to cope" works for oh lets say, victorias secret...you sued my business which is oh lets say..maidenform..you got a default judgement 4 years ago against me in the name of "willing to cope" awarded 5k against maidenform,.. now you ,being a private individual ,was awarded a personal judgement against my biz so what you do is submit it through a victoria secrets related collection company ,they in turn,(they,being the ca)put it on my personal credit report as a collections account with the original creditor being victorias secret not you.., since you ,obviously, are not v.s. and you,as an individual, can not place deragotory marks on my cram i explaining this clearly? or does this still sound like muckity muck?? Link to comment Share on other sites More sharing options...
willingtocope Posted April 12, 2007 Report Share Posted April 12, 2007 The only way that a "business debt" can appear on a personal credit report is if either 1.) the business was not incorporated, or b.) the business debt was personally guranteed. Either way, that makes your brother personally liable for the debt.But, if someone other than the holder of the judgement is reporting it on your reports, then that someone could be breaking the law (see the FCRA link above). On the other hand, that someone could be acting as a collection agency (see the FDCPA link above). Either way, there probably are some steps you could take against them. Link to comment Share on other sites More sharing options...
cracrap Posted April 13, 2007 Author Report Share Posted April 13, 2007 The only way that a "business debt" can appear on a personal credit report is if either 1.) the business was not incorporated, or b.) the business debt was personally guranteed.1. the biz is a corporation, b.the debt not personally guaranteedthe ca is misrepresenting the judgement to the cb..... they are listing it as a collections account in the name of the business that the private individual works for rather than a personal judgement that an individual received which of course their not supposed to do but theyre doin it anyways...of course we should be able to dispute it with the cb's to get it removed since their is no judgement in the name of the company that the ca is listing it under..my question is ,how can we build a case against the ca for violations for intentially misrepresenting the judgement?? Link to comment Share on other sites More sharing options...
willingtocope Posted April 13, 2007 Report Share Posted April 13, 2007 Sure sounds like you might want to get a lawyer involved. You can look at www.naca.net but since its business related, they may not help. Link to comment Share on other sites More sharing options...
cracrap Posted April 13, 2007 Author Report Share Posted April 13, 2007 hhmmmm....any volunteers??p.m. me Link to comment Share on other sites More sharing options...
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