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Regular Contributor
Posts: 142
Registered: ‎12-16-2012
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Judgement Dilemna

Ok, I posted here before about a judgement that is showing up on my CR, but not finding any record of it in the courts. My TU report said it was filed in NY, where my husband used to live (it's his CR), his mother checked and there was no record, using his name or the case number provided. I checked online and there was no record of it either. I want to dispute it, but I'm scared because I don't want Midland to suddenly find it the information, or try and refile (they have two of his debts) and start garnishing his wages (they never attempted before). The judgement was back in 2010 and the DOFD for that particular debt with the OC was in 2008. Thank you.




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Regular Contributor
Posts: 118
Registered: ‎11-15-2010
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Re: Judgement Dilemna

You may be searching the wrong database? If it has a case number, it it somewhere. What was the case for? Was it a tax matter with the state? Was it a consumber credit card? Was it a default judgment? Also, under a recent settlement, the attorney general vacated more than 100,000 cases, but, if it had a case # it should show up...

Regular Contributor
Posts: 118
Registered: ‎11-15-2010
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Re: Judgement Dilemna

Also--no need to do anything too drastic. Judgments in NY fall off in 5 years, I believe, so you're going to drop in 2013.

Valued Contributor
Posts: 1,146
Registered: ‎11-30-2012
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Re: Judgement Dilemna

If it does falll off in 5 years, it would be 2015 not 2013, since it goes by when the judgment was obtained, not by DOFD. Also, can it be renewed? In AZ, judgments also fall off after 5 years BUT can be indefinitely renewed if paperwork if filed with the court.

 

As for finding it, check ALL the different courts. County court, district court, superior court. It's there somewhere.

Epic Contributor
Posts: 20,308
Registered: ‎03-19-2007
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Re: Judgement Dilemna

Additionally, your commercial credit report is most likely not showing all information reported on the judgment.

 

In addition to continuing review of court records, I would send a formal request to the CRA under FCRA 609(a)(1), which entitles you to any information in your credit file.

Request a complete copy of all identification in their records of the judgment.

Regular Contributor
Posts: 142
Registered: ‎12-16-2012
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Re: Judgement Dilemna

Would they have to ask Midland anything? I really don't want them to start garnishing because they haven't made any moves since it was filed. TU has my husband's current employment info :smileysad:




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Epic Contributor
Posts: 20,308
Registered: ‎03-19-2007
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Re: Judgement Dilemna

No, requests to a CRA under section 609(a)(1) only require that you provide proof of your identity, and the current processing fee of $11.00.

The debt collector would not be involved.

Regular Contributor
Posts: 142
Registered: ‎12-16-2012
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Re: Judgement Dilemna

[ Edited ]

Ok, I'll get on that. Thank you :smileyhappy: Oh, btw since it's showing up on all three of my CRs, would I send that request to all 3?




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Regular Contributor
Posts: 142
Registered: ‎12-16-2012
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Re: Judgement Dilemna

I'm so sorry, I just saw your questions. It was a consumer credit card and it was a default judgement. Maybe that's what happened, what with the AG? Anyway, I'm sending out that formal request to the CRAs on Monday and I have the number to the court that my TU said it was filed with (it was in fact the Queens County Court) so I will be gviing them a call in the morning.




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Re: Judgement Dilemna

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