02-08-2013 10:22 PM
Hey guys, brand new to the boards, but reading lots. About 10 days ago, I disputed a judgement from American Express that I have on my credit report, which was settled and paid for a few months ago. I disputed with all 3 CBs at the same time. TU came back first and within only 6 days and said they deleted it! Then EX came back and said they WON'T delete it. Then just right now I got an email from EQ saying that they concluded their investigation and they deleted it! So TU and EQ deleted it, but EX won't.
Any idea what's going on here? If I can't get EX to delete it, I can force them to delete it by filing a Motion to Vacate Judgement with the courthouse where the judgement was originally filed and because of specific Florida law, the motion would be uncontested and granted. And once it's granted, that would void the judgement as though it never happened and EX would be required to delete it. It's just a pain to go through that process.
Is there anything I can do to get EX to delete it after they said they won't since the other 2 CBs just did?
Thanks in advance! This judgement is the only public record/serious derogatory on my report and I can't wait to make the judgement disappear without a trace across all 3 CBs.
02-08-2013 11:05 PM - edited 02-08-2013 11:07 PM
Judgments are a peculiar animal in credit reporting, as being public records, they do not always get reported by the actual party involved with the adverse information, such as the judgment creditor. The CRAs, for example, hire private businesses to review public records and provide that information to supplement their files.
As such, the normal dispute process requring the CRA for forward the dispute to the furnisher for their verification often is bypassed.
The CRAs, as the ultimate decision-maker in their "reinvestigation" of the dispute, can interject their own discretion and determination.
Thye dont, for example, formally send a copy of a judgment to the court for any official "verifcation," as the courts did not report it, and dont verify.
The CRA will usually simply do as anyone can do, and review the current records of the court. If they see it still there, they will often verify based on their informal reinvestigation.
Perhaps two of the three CRAs did a less rigorous search, but the fact that they deleted is not basis for showing that the reinvestigation by a third was inadequate.
If you want to know what they did to verify, you can send them what is commonly called a Method of Verification (MOV) request under FCRA 611(a)(6)(B), which requires them to provide a statement of the procedure they used to verify the accuracy of the disputed information.
02-08-2013 11:53 PM
Thanks, Robert!! Great info!
How do I send them an MOV? Is there a form online you can point me in the direction of, and then I'm guessing I just mail or fax that to them?
I'd be very curious to know about the procedure they used to verify the accuracy of the information. Perhaps I should do this with one of the CBs who deleted it, too, so I can see what they did differently? I wouldn't risk them putting it back on, would I?
02-09-2013 10:03 AM - edited 02-09-2013 10:05 AM
If it is a valid judgment, paid or not, there is no reason to dispute it nor for it to be removed.
They don't disappear without a trace. After exclustion from your CR they are put in your credit file.
02-09-2013 05:19 PM
What does that mean if it's in my credit file but not my CR? How will that still effect me?
Also, if the judgement is vacated by a judge and I send proof to the CBs, doesn't that mean they will have to delete ALL traces of it?
02-09-2013 05:23 PM
It won't unless you apply for credit with a principal of $150,000 or more, insurance of $150,000 or more or apply for a job with an annual income of $75,000. Then the lender and or employeer can request your entire credit history as permitted by the FCRA under those conditions. It is rare that they will ask for it but they can.
Yes, if you get it vacated. My question was why was it disputed.
02-10-2013 12:28 AM
Thanks! Good info!
It was disputed because it's been settled. Under the Florida Civil Procedure law, a judgement which has been settled/resolved is allowed to be vacated. So disputing it with the CBs would just save me the hassle of filing for a Motion to Vacate, which is guaranteed to be granted under Florida law.
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