What can I do?

[Anonymous]

Hello to all,

Im stuck as to what can I do about my problem. I have two different agencies reporting on my credit report for two different amounts but they are for the same thing. I know one to be valid but I need help on which letter to use to have the other one deleted off of my report. I have found some paperwork that states to the 2nd agency that they do not have juridiction to claim or reprot this debt because my court order is from my state only. Nothing from the other state. But yet they are reporting the same debt at a much higher amount.

[Anonymous]

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cjones46402 wrote:

Hello to all,

Im stuck as to what can I do about my problem. I have two different agencies reporting on my credit report for two different amounts but they are for the same thing. I know one to be valid but I need help on which letter to use to have the other one deleted off of my report. I have found some paperwork that states to the 2nd agency that they do not have juridiction to claim or reprot this debt because my court order is from my state only. Nothing from the other state. But yet they are reporting the same debt at a much higher amount.

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Okay if the collection has been sold one MUST report a 0 balance. Each time it is sold the new agency adds its fees so it would be higher. How old is the debt? Even if the collector is not in your state, are they liscensed to collect in your state? Find out who currently owns the debt and dispute the other to report a 0 bal since it has been sold.

[Anonymous]

Well...these are child support cases. But for the same child...and I only went to court in my state. I have statutes from the Uniform Interstate Family Support Act that only one tribunal (state) can control the support order if only that state issued one (750 ILCS 22/207) It also says that : If an order has not been issued in the childs current home state, the order most recently issued controls.

So I guess im trying to see how can I legally have this deleted off my report since they have no jurisdiction to hold me to the amount let alone place this on my report.

[SmartCookie]

Hmm in another thread you said you are all paid up right? 

I'm honestly a scratch confused here but it is sounding to be like for different reasons, both may be disputable.  I would dispute online and DV if it does not get corrected the way you expect.  With any luck (and it does happen) maybe they will just wipe it on the dispute considering you are no longer in arrears.

[Anonymous]

Okay stupid question but have you contacted Child support enforcement in both states to see who has juridiction.  The jurisdiction should be in the state that holds the order regardless of where you are paying it.  The old 'he moved so she has to file here' used to hold water in my state, now it is dependant on the state in which the child lives.  I think the agencies finaly realized that it put the child at a disadvantage to have to chase all over the country for the NCP when they decided to pull up roots.  It prevents the NCP (I'm sure you are not one) from changing states and skipping out on their obligation.

[Anonymous]

Thanks for the reply Brammy...as a matter of fact i did contact both agencies and Indiana sent paperwork to Illinois, but Illinois is acting like a total a$$ about it. After searching hours on end for anything that could help me..I ran across the statutes for Illinois and wrote  Illinois child support a nice letter...Im so angry at this point that they would not comply , I hope I didnt ruin anything on my behalf..lol..here is the letter that I wrote...

IL Dept of Healthcare and Family Services

Divisioonf Child Support Enforcement

P.O.Box 19512 HFS 2766

Springfield, IL 6 2794

Dear Sir or Madam.'

I am writing to dispute the followinig information you have placed on my credit file. The item I am disputing has been reported to all three of the credit reporting agencies and has had an adverse effect on my life.

This item, past due child support in the amount of $10,814 is inaccurate because   under llinois Compiled Statutes Families (7 50 ILCS 22, Uniform Interstate Family Suppor Act), the state of lllinois does not have jurisdiction to override a court order already in place. Under 750 ILCS 22/207, Determination of controlling child support order, Is proceeding is brought under this Act and only one tribunal has issed a chils support order, the order of that tribunal controls and must be recognized. W ith that being said, I never went to court in Illinois for any type of child support proceedings, my home of record is Indiana and Indiana is the only state that a court order was ever issued for my daughter ******************* Also under 70 ILCS 22/207(b), if an order has not been issed in the current home state of the child, the order most recently issued controls, which would be the state of Indiana. The state of Indiana has sent me and your office a copy of the arrears order ,which is from the controlling state. I also sent your office a copy via certified mail. I am also including another copy of said statement from the Office of the Prosecuting Attorney, which states that my rears are only $2326.05 as of 09/26/2006. Under 750 ILCS 22/207(h) which states,an order that has been determined to be the controlling order, or judgment for cosolidated arrears of support and intrest, if any, made pursuant to this section must be recgonized in proceedings under this act. At this time I am requesting that the item be deleted from your records and from the three credi reporting agencies within the next 5 business days upon receipt of this letter. The state of Indiana is already reporting this arrears debt to the credit reporting agencies.

Enclosed are copies of the Lake County Indiana Prosecuting Attorney letter, the Illnois Compiled Statutes and a copy of my Indiana Child Support Order that has been in effectfor the past 8 years. Please colply with the state statue and delete the disputed item.

I hope I didnt stick my foot in my mouth...lol I have been paying for 8 1/2 years...and my little girl just turned 9 in Sept.

Message Edited by cjones46402 on 10-19-2007 02:57 PM

Message Edited by cjones46402 on 10-19-2007 02:58 PM

Message Edited by cjones46402 on 10-19-2007 03:03 PM

[Anonymous]

Ok JMHO, most people wh work for this agency are ether stupid, or they are so overwhelmed that they can't see straighT.  Try sending youR letter to the bureaus or that state's AG's office.  I have even haD my Congressman step in on my behalf.

Message Edited by Brammy on 10-19-2007 06:21 PM

[Anonymous]

I 10000% agree with you. Illinois act like I owe them money. Im waiting to see what they have to say about the letter I wrote and CMRRR to them today...lol. It just funny to me how they will rush everthing to get an order in place, but drag there feet when you have enough paperwork to vacate or stop them from collecting monies they shouldnt collect. I guess ill give then to the 1st then try sending some type of letter to the AG of both states...heck if I can find a good one to send I'll cc it to my congressman too!

Im trying to do all this without hiring an Atty.

Message Edited by cjones46402 on 10-19-2007 05:39 PM

[Anonymous]

Sorry if im being a lil pain..but im trying to take care of this problem so I can smile when im debt free and stress free...but here is my question...

Can someone please give me the statue from the fair credit act saying that two agencies can not report the same thing.

After further looking into the Illinois statutes on interstate child support, it states under 750 ILCS 22/604 (d)(choice law)  that after a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

To me that reads that both states can report this to my credit report (i might be reading too much into it though). Indiana law is (i think) anything over $1000 gets reported to all 3 agencies. So I just want the act/law that says it cant be done. Its worth a shot if Illinos try to do it... 

Message Edited by cjones46402 on 10-20-2007 01:18 AM