topic Re: Possibility of disputing a public record? in Rebuilding Your Credit

Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 20:33:59 GMT

Back in 2011 I defaulted on a loan with Tower Loan. It was due to job loss which was out of my control. They harassed me for months by coming to my home and such until they finally took me to court. The ONLY thing that the Judge did was tell me and the representative that was there to represent TL, to talk and come to some sort of conclusion on a payment arrangement. I offered an amount, he denied, (He didn't even have a clue how much I owed), we walked away and I never heard from them again. Of course it is still showing up on my CR. Is it possible to dispute this since we never came to an agreement? I have even had these people pull my credit 3 times THIS YEAR without my applying for a single thing with them so I don't dare call and attempt to talk to anyone. Can anyone recommend what my best bet would be to do as far as possibly getting this removed or should I leave it be?

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 20:50:07 GMT

If the judgement was awarded which it seems it was then what would you dispute? The judge seems to have given the plaintiff the option to try and come to an arrangement with you, if that did not occur I don't think it would affect the judgement itself.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:07:20 GMT

I was wondering about disputing the amount? He was not certain of the amount owed and after court fees and such I had even lost count. Or can I ask the bureaus to verify amount?

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:09:35 GMT

Unfortunately, after a judgement it doesn't matter how much the original debt was. The judgement amout is was it is. You could try and have the judgement vacated and then go back to court for a different amount, but I don't know how likely that would be to happen.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:12:14 GMT

@Anonymous wrote:
I was wondering about disputing the amount? He was not certain of the amount owed and after court fees and such I had even lost count. Or can I ask the bureaus to verify amount?

Doesn't the judgement show an amount on you credit report? You can always request a copy of the judgement from the court itself. Keep in mind disputing the amount of the judgement will not cause a deletion of the judgement just an update of the amount owed if it is wrong.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:11:43 GMT

As for the amount of the judgement, you can find that out yourself from the courts, which would be much faster than trying to have a CRA verify, which the really don't do anyway.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:13:07 GMT

It has shown 2 different amount within the past month. I have no clue as to why it is changing.

Re: Possibility of disputing a public record?

RobertEG — Thu, 02 Jun 2016 21:18:07 GMT

The whole scenario does not make sense.

The judge apparently requested the parties to attempt to reach a settlement before proceeding with trial.

That is where the tale ends.

Did the judge then proceed with trial after being notified that there was no agreement reached?

If so, how would you not be aware of a judgment?

What does the court record show?

If the court record does not show a judgment was awarded and your credit report shows a judgment, then a dispute would certainly be justiifed.

However, if the court proceeded to trial an awarded a default judgment, your "dispute" would be with the court for lack of proper proceeding.

The CRA would have no authoritty to find a judgment of the court to be inaccuratte.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:29:20 GMT

After talking to the rep from TL I attempted to go back into the court room to tell the judge that an agreement was not reached, the officer would not even allow me back in because the judge had moved on to the next case and the rep from TL just left. I know everything sounds so scattered but oddly enough, this is exactly how it all played it which is what makes it so confusing.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:39:16 GMT

@Anonymous wrote:
After talking to the rep from TL I attempted to go back into the court room to tell the judge that an agreement was not reached, the officer would not even allow me back in because the judge had moved on to the next case and the rep from TL just left. I know everything sounds so scattered but oddly enough, this is exactly how it all played it which is what makes it so confusing.

You need to get the court documents to find out 'exactly' what was entered as the final resolution. You will most likely have to visit the court clerk to do this.

Re: Possibility of disputing a public record?

Anonymous — Thu, 02 Jun 2016 21:50:52 GMT

I will definitely contact them tomorrow. Thank you everyone for you're help!

Re: Possibility of disputing a public record?

RonM21 — Fri, 03 Jun 2016 02:07:50 GMT

Please update on what you find out. I'm curious as to what really happened but it is like something is off.