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Opinion needed BAD...Please

Frequent Contributor

Opinion needed BAD...Please

Hello all,

 

I hope that everyone is having success as they try to repair their credit.  It still amazes me how much it has become an addiction.  OK here is my issue, and success with this would be HUGE, and I will be forever in MYFICO's debt.  I have been reading the NY's FCRA in regards to SATIFIED judgements being removed after 5 years versus the 7.  Here is what I found....(not sure how to cite this to avoid copyright rules so forgive me Smiley Happy)

 

Here is what I am reading:

 

This was from http:assembly.state.ny.us/leg

(f) (1) Except as authorized under paragraph two of this
subdivision, no consumer reporting agency may make any consumer report
containing any of the following items of information. (i)
bankruptcies which, from date of adjudication of the most recent
bankruptcy, antedate the report by more than fourteen years;
(ii) judgements which, from date of entry, antedate the report by
more than seven years or until the governing statute of limitations
has expired, whichever is the longer period; or judgments which, from
date of entry, having been satisfied within a five year period from
such entry date, shall be removed from the report five years after
such entry date;

(iii) paid tax liens which, from date of payment, antedate the
report by more than seven years or, a paid, satisfied or vacated tax
lien involving a purchaser, transferee or assignee in a bulk sale
transaction who has been deemed liable by the state tax commission for
sales taxes due from a seller, transferrer or assignor under
subdivision (c) of section eleven hundred forty-one of the tax law,
where the receipt by a credit reporting agency from such purchaser,
transferee or assignee of a notice, or true copy thereof, from the
state tax commission to such purchaser, transferee or assignee that
his liability has been wholly paid or satisfied or no longer exists,
antedates the report by more than thirty days;
(iv) accounts placed for collection or charged to profit and loss
which antedate the report by more than seven years; or accounts placed
for collection or charged to profit and loss, which have been paid and
which antedate the report by more than five years;
(v) records of conviction of crime which, from date of disposition,
release, or parole, antedate the report by more than seven years;
(vi) information regarding drug or alcoholic addiction where the
last reported incident relating to such addiction antedates the
consumer report or investigative consumer report by more than seven
years;
(vii) information relating to past confinement in a mental
institution where the date of last confinement antedates the report by
more than seven years; or
(viii) any other adverse information which antedates the report by
more than seven years.

 

 

I have a judgement that was filed in 8/19/2005, and it was paid in full.  I have the original court document, and the letter from the lawyer showing that it is satisfied in full .  I would like to write a letter to EX and attach the documents supporting the claim.  Would anyone have any suggestions, and/or an example of the letter that I should write to have this judgement removed??? PLEASE and Thank you!!

Starting Score: Sep 23, 2014 EQ 577 TU 583 EX 567
Current Score as of 6/28/17 EQ 628 TU 643 EX 625
Goal Score: 700
Message 1 of 8
7 REPLIES
Community Leader
Epic Contributor

Re: Opinion needed BAD...Please

Hey,their is never a copyright infringement issue when it relates to citation of state/fed statutes or regs!

You need a motion back before the coutt to dismiss, and their decree granting that motion, before you even begin to contact a CRA.

CRAs arent courts. 

 

Message 2 of 8
Frequent Contributor

Re: Opinion needed BAD...Please

Bump!

Starting Score: Sep 23, 2014 EQ 577 TU 583 EX 567
Current Score as of 6/28/17 EQ 628 TU 643 EX 625
Goal Score: 700
Message 3 of 8
Senior Contributor

Re: Opinion needed BAD...Please


RobertEG wrote:

Hey,their is never a copyright infringement issue when it relates to citation of state/fed statutes or regs!

You need a motion back before the coutt to dismiss, and their decree granting that motion, before you even begin to contact a CRA.

CRAs arent courts. 

 


Satisfied judgments are not dismissed.  A court order has nothing to do with it.

IAALBNYL
Message 4 of 8
Senior Contributor

Re: Opinion needed BAD...Please


diveforfun97 wrote:

Bump!


I would phone in the dispute and offer to fax in documentation that the judgment was satisfied. 

 

Hopefully when you paid off the judgment you received a notarized Satisfaction of Judgment and a copy of that was ultimately filed with the court.

IAALBNYL
Message 5 of 8
Frequent Contributor

Re: Opinion needed BAD...Please

Great advice! I called in and they did verify the 5 year rule for NY.  However my judgement was not showing as satisfied.  So like you said I do have the offical court documents showing the judgement as satisified.  She said to mail it in and they would remove the judgement!!!! I am mailing it in CMRRR tomorrow.  This is huuuuuuuuge for me!

Starting Score: Sep 23, 2014 EQ 577 TU 583 EX 567
Current Score as of 6/28/17 EQ 628 TU 643 EX 625
Goal Score: 700
Message 6 of 8
Senior Contributor

Re: Opinion needed BAD...Please


diveforfun97 wrote:

Great advice! I called in and they did verify the 5 year rule for NY.  However my judgement was not showing as satisfied.  So like you said I do have the offical court documents showing the judgement as satisified.  She said to mail it in and they would remove the judgement!!!! I am mailing it in CMRRR tomorrow.  This is huuuuuuuuge for me!


Congratulations!

 

And now you know why We Love NY!  Smiley Wink

IAALBNYL
Message 7 of 8
Frequent Contributor

Re: Opinion needed BAD...Please

Very true

Starting Score: Sep 23, 2014 EQ 577 TU 583 EX 567
Current Score as of 6/28/17 EQ 628 TU 643 EX 625
Goal Score: 700
Message 8 of 8