10-07-2012 07:38 AM
My judgment was vacated. I sent in documentation from the court and a request to delete to all 3 CRA. Looked at my USAA monitoring today, and on Equifax the judgment is showing as satified. Today is the 7th, I received an email from them just yesterday saying the investigation has been started. If documentation from the courts will not get them to remove this what are my options here? I'm getting frustrated with them. This will be the 4th account that is listing incorectly that they will not remove.
10-09-2012 01:16 PM
I thought vacated was supposed to be as if it didn't happen? That's not "satisfied" and the CRA is wrong if that's what they're doing. I would keep disputing it but perhaps without the documentation, so then when they try to validate it, it doesn't exist? I'm asking my BK lawyer to file a motion to vacate an old judgement this week but I understand you can file the motion and do it yourself. In my case, it should have been done right after my BK in 2006 but wasn't.
10-09-2012 02:39 PM
If they verify the accuracy of the reporting, then I would send the CRA a request for their description of the procedure they used to verify the accuracy.
This is commonly referred to as a method of verification (MOV) request, and is provided under FCRA 611(a)(6)(B)(iii) and 611(a)(7).
CRAs will commonly, under their reinvestigation rights, simply get a copy of current public record documents from the court, and use that as a basis for their determination.
If the judgment has been vacated from court records, it is kinda unlikely that the CRA obtained any such record to support their verification.
10-09-2012 08:29 PM
Being vacated does mean "it never occured"
Once I get the paperwork from them Robert, I plan to do just that. I'm actually having a number of issues with Equifax "verifying" incorrect information. One of the creditors is telling me they are not reporting the alleged information to Equifax (deleted from Experian and transunion), and they have even agreed to do a 3 way conference call with Equifax. I do not know if that will work, or if Equifax will go along with it, I just havn't had time during normal business hours to do it.
10-10-2012 09:10 AM
I'm going through this now so I've been googling like crazy and just reading different experiences on it. What most people seem to think is that after you get it vacated, wait at least 30-60 days before approaching the CRA with a dispute. That gives it time to cycle out of the records and then it seems there's more success with them being unable to verify it. Just a thought!
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