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Just a question I can't seem to find an answer to online.
Can I send a 623 letter to the small claims court holding my judgment after disputing it first with the CRAs? They came back verified and then I have sent out a request to the CRAs of how they verified the information. Waiting on a response.
Is the court responsible to reply since they hold the information of the judgment docket file and supposedly verified to the CRAs? Would this be a way to receive copies of the docket file?
Would like to hear what others think or have experienced with this situation.
Judgments are public record. If you ask the court for them, directly, they need to give them to you.
No, you cannot send a direct dispute to a court, for three reasons.
First and formost, the rules enacting the direct dispute process contain a total exclusion of public record information from the process. 16 CFR 660.4(b)(1)(iv).
Second, the court is almost assuredly not the party who furnished the information to the CRA, and not responsilbe for any credit reporting.
Public record information is usually reported by the prevailing plaintiff or by private business concerns hired by the CRAs to supplement their records.
You can only send a direct dispute to the furnisher of the disputed information.
Third, a judgment is about as firm a verification of accuracy of the information as you will see, as it came about after a trial that provided both sides the opportunity to present their evidence. A judgment is, in and of itself, the legal verification by a court of the legitimacy of the debt. They wont reinvestigate a litigated determination as to its accuracy based on the FCRA dispute process. You would need to file a motion challenging the judgment on legal terms.
If you use the CRA dispute process, the CRA is required only to refer the dispute to the party who furnished the information. If the court was not the reporting furnisher, the CRA wont send the dispute to them, and if they did, the court could ignore it.
A CRA can, under their reinvestigation authority, review the court public records on their own and use that as part of their verification. If its still showing as a judgment, they will verify the accuracy. They dont obtain formal verification from the court.
Thank you for the clarification.
I now understand that public records are a special case when it comes to credit reports.