Third party reporting?

[tdhssbn]

I called the court where I filed my BK13 and asked them how they verified the BK13 with the CRA's. Guess what? The court said they DO NOT verify with the CRA's. How can a CRA report that a BK13 has been verified if the court is not involved? Can they legally verify with a third party?

[momof5]

They use a company whose whole purpose is to scout court records for such information and THEY report it to the CRAs and verify it with them as well.

[tdhssbn]

Yes, I understand that, but can the CRA legally VERIFY with that third party or are the required to VERIFY with the COURT themselves?

[LadynRed]

They are not required to verify with the court, they are required to verify with the FURNISHER of the information. The courts do NOT furnish the BK case information. The CRA's pay companies like DOLAN who hires college students do comb thru court records and then DOLAN or LexisNexis becomes the 'furnisher' of the information - and the CRA's verify with them.

[tdhssbn]

Lady, are the CRA's required to inform you of their MOV with the third party like they are required to with OC's? I would like to take my dispute to the thrid party then if they are reporting this BK13.

[direred]

Lady, are the CRA's required to inform you of their MOV with the third party like they are required to with OC's? I would like to take my dispute to the thrid party then if they are reporting this BK13.

Actually, if you read case law and the FCRA very closely, that point seems unclear.

Public records are a special case.

[tdhssbn]

So........... Any suggestions then? How do I pursue this?

[LadynRed]

Pursue what ?? Your bankruptcy is being reported as a matter of public record, it's a fact and it's accurate history. The CRA's do not verify with courts, we've explained how that works and it is perfectly legal for them to do it that way. There's nothing there that you can legally attack.

Trying to get the MOV from the CRA's is like chasing smoke.

[tdhssbn]

Lady, I just see alot of posts from others on here and on creditboards that have had luck having the BK's removed. If they can do it, I don't see why others can't seek their knowledge and try themselves to get it removed as well.

[Ahntara]

"...luck having BK's removed..."

You can try and you just may succeed.

But, as a PUBLIC RECORD, the BK listing will still exist at the appropriate storage location and could reappear anytime during the Reporting Period (10 years from the date of adjudication).

[tdhssbn]

I know the BK13 is mine and I accept that it will probably stay on my report. They last reported it in 2004. Even though it was dismissed, TU deleted it but EX and EQ continue reporting it. Both say it will stay for only 7 years though.

[Ahntara]

7 years is the typical Reporting Period for a Chp 13 BK. However, the FCRA makes no distinction between Chp 7 and Chp 13.

FCRA Title 15 USC 1681c Section 605(a) "Information excluded from consumer reports...(1) Cases under title 11 [united States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years..."

[tdhssbn]

I was informed by Lady that if it is dismissed though that they keep it for 10 years. I guess I am feeling lucky that both EX and EQ have said it will drop after only 7 even though it was dismissed and not discharged. Just wondering why TU deleted when I disputed it and the other two kept it on as verified.