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Jay clark

Pacer dispute

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I've had my chapter 7 discharged for 1 half. Can I dispute this off of pacer so I can dispute off of my credit ?

Do I need to dispute Pacer to get it off of my credit? 

I am trying to do this before I apply to work at corrections because you have to have good credit.  Please answer my question not 

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Pacer is simply the court reporter. They are not a CRA so you cannot dispute any items on Pacer as if it was a CRA.

Also, the rules for a CRA reporting bankruptcies are based on when the case is filed, not if a discharge is issued or if the case is dismissed. Once you filed for a BK, you dropped the atom bomb on your report.

Sorry I do not have better news for you.

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11 hours ago, BV80 said:

@Jay clark

Along with the information provided to you by @WhoCares1000, the Fair Credit Reporting Act states that bankruptcies can be reported for 10 years.  

To correct that, Chapter 7 BK's can be reported for 10 years. Chapter 13's come off after 7 years.

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5 hours ago, WhoCares1000 said:
 

To correct that, Chapter 7 BK's can be reported for 10 years. Chapter 13's come off after 7 years.

Actually, 10 years is correct.  A CRA may choose to remove the information sooner but it does not have to.

Fair Credit Reporting Act: § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (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. (Emphasis added.)

Des.

 

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1. Opt out of LexisNexis 2. Dispute the Bankruptcy wait for a response. (If they say they verify 3. Go to the court where you filed and ask do they give information to credit agencies or third parties? They will say no, ask them to put that in writing.(they will gladly do that. 4. Second letter to credit agencies, please provide documents on how this was verified. The court does not provide data to 3rd parties see attached letter. Do this in your own language as I'm not an attorney, this is for entertainment only. Tell them to delete this immediately. Bankruptcies and all other debt can only be verified by the original or it must go.

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10 hours ago, Mr. Mann said:

1. Opt out of LexisNexis 2. Dispute the Bankruptcy wait for a response. (If they say they verify 3. Go to the court where you filed and ask do they give information to credit agencies or third parties? They will say no, ask them to put that in writing.(they will gladly do that. 4. Second letter to credit agencies, please provide documents on how this was verified. The court does not provide data to 3rd parties see attached letter. Do this in your own language as I'm not an attorney, this is for entertainment only. Tell them to delete this immediately. Bankruptcies and all other debt can only be verified by the original or it must go.

how does one opt out of Lexis Nexis?

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32 minutes ago, Robby8900 said:

how does one opt out of Lexis Nexis?

Found this, so i don't know if opting out will help with BK on credit reports. ( LexisNexis also does not suppress personal information from the following products and services: products containing information regulated by the Fair Credit Reporting Act (except as required by law); third party data available through real time gateways; news; and legal documents. ).

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Did you check your credit reports to see if it was even being reported?  Often, and especially with a recent change in the way the CRAs gather this type of info, it doesn't appear on your general credit report anyway.

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On 5/13/2019 at 7:18 AM, Robby8900 said:

how does one opt out of Lexis Nexis?

Call them and ask where the opt out form in, its on there website. You should also dispute lexisnexis, thats where they get there info. Suppress sage stream and pacer repositories as well. Have Lexis Nexis send your reports to you, they have your financial and public info as well. Sage Stream has your inquiries. Your private info is being sold.... the bureaus customer are the brokers, loan officers banks etc they are subscribed to the bureaus and you are the product they they need your credit bad for making money off high interest rates. 

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On 5/13/2019 at 7:52 AM, Robby8900 said:

Found this, so i don't know if opting out will help with BK on credit reports. ( LexisNexis also does not suppress personal information from the following products and services: products containing information regulated by the Fair Credit Reporting Act (except as required by law); third party data available through real time gateways; news; and legal documents. ).

Incorrect, Lexis Nexis is a credit bureau but not considered major. Nexis Lexis is governed by FTC, FCRA, and all the rest. They are contracted with the bureaus to supply info at a cost they can be in the game. The court does NOT supply info to third party agencies and the info the bureaus report is illegal but if you DONT know facts and laws, they beat you up. ha ha ha, don't just say anything with out facts because you get others in trouble.

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On 5/13/2019 at 7:52 AM, Robby8900 said:

Found this, so i don't know if opting out will help with BK on credit reports. ( LexisNexis also does not suppress personal information from the following products and services: products containing information regulated by the Fair Credit Reporting Act (except as required by law); third party data available through real time gateways; news; and legal documents. ).

Hint: They are not supposed to certify facts from a third party guys... think think think, stop expecting answers and think. Its here say not coming from the original. Thats not evidence of truth from a THIRD party. It has to come from the court and that will NOT happen. Credit bureaus are third party for profit, and not a government agency.... Think Tank harder and study.

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On 7/23/2018 at 3:34 PM, Jay clark said:
 

I've had my chapter 7 discharged for 1 half. Can I dispute this off of pacer so I can dispute off of my credit ?

Do I need to dispute Pacer to get it off of my credit? 

I am trying to do this before I apply to work at corrections because you have to have good credit.  Please answer my question not 

Dispute pacer, Innovis and Lexis nexis this is how the major bureaus get you verified.... its through them and its not lawful. But because people have a hard time believing , they capitalize on the secret that you don't know. Ignorance of the law is no excuse, thats called a law maxim.

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Mr. Mann,

I understand the fact that Innovis and LexisNexis are 3rd party reporters but explain to me how PACER (which is a website operated by the US Court Administrator) is a 3rd Party reporter under the FCRA? Do you have any court cases to back this up?

In fact, I have found several cases on Google Scholar that shows that CRAs can and are required to use PACER to back up the information the provide. A sampling of such cases are:
 

  • Childress v. Experian case no. 1:12-cv-1529-TWP-DKL, SD Indiana 2014
  • Myrick v. Equifax case no., 5:15-cv-00562-BR, ED North Carolina 2017
  • White v. Transunion 462 F. Supp. 2d 1079, CD California 2006

In fact, the only case I could find in regards to a lawsuit against PACER was a TCPA case filled by Roy Tuck in California where he also tried to file the case in forma paupis which was denied due to his previous settlements (Tuck v. PACER case no. 17-cv-1720-BAS-KSC, SD California 2017). The funny think about Tuck is that the courts are willing to allow Tuck to continue as long as he paid the court fees (or prove why the funds from his previous settlements count not be used to pay the court fees).

I will therefore argue that PACER is not a CRA as defined under the FCRA and in fact is the actual court reporter that the CRAs can use to determine the accuracy of the data. Also, since PACER shows the court documents that were filed, the only possible mistakes that could be made is if the parties themselves made the mistake, not the court. Even if there was a mistake, it could probably be corrected by contacting the court and pointing it out.

So while you can dispute the data being handed out with LexisNexis and Innovis, you probably would have a very hard time showing that PACER is a CRA and has any requirements under the FCRA.
 

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14 hours ago, Mr. Mann said:

Dispute pacer, Innovis and Lexis nexis this is how the major bureaus get you verified.... its through them and its not lawful.

Why do you say it's not lawful? What's your legal source for this claim? 

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