cancel
Showing results for 
Search instead for 
Did you mean: 

Civil judgement of a credit card collection can it be removed.

tag
Anonymous
Not applicable

Civil judgement of a credit card collection can it be removed.

This is for a friend of mine, says estimated month and year this item to be removed 11/2015. Can it be disputed?
Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Civil judgement of a credit card collection can it be removed.

Estimated dates are just that.

Disputes are directed at inaccuracies in reporting to a CRA.  Estimated dates of CR exclusion are not reported by furnishers.  They are generated by the CRAs.

Basis for violation of the FCRA does not occur until the exclusion date has passed.  If that should occur, it should be handled by way of complaint to the CRA, not a dispute of accuracy of reporting.

 

As a side issue, a collection and a judgment are separate adverse items with their own CR exclusion dates.  Which item does the estimated date refer to?

Message 2 of 6
llecs
Moderator Emeritus

Re: Civil judgement of a credit card collection can it be removed.

OP, if you are asking if your friend can dispute the account, for the sake of disputing, then I'd say he/she can do whatever they want. However, only dispute inaccuracies, IMO. Many here had success in deleting judgments via paying it with th eplaintiff and having the plaintiff's attorney ask the court to have it vacated and removed. That's the best practice.

Message 3 of 6
Anonymous
Not applicable

Re: Civil judgement of a credit card collection can it be removed.


@llecs wrote:

OP, if you are asking if your friend can dispute the account, for the sake of disputing, then I'd say he/she can do whatever they want. However, only dispute inaccuracies, IMO. Many here had success in deleting judgments via paying it with th eplaintiff and having the plaintiff's attorney ask the court to have it vacated and removed. That's the best practice.


Well, they tried serving her, but she wasn't home the serve notice was given to someone else. She never received it, all of a sudden there is a judgement she never got a chance to go to court. That is why I thought she can dispute.
Message 4 of 6
Anonymous
Not applicable

Re: Civil judgement of a credit card collection can it be removed.


@RobertEG wrote:

Estimated dates are just that.

Disputes are directed at inaccuracies in reporting to a CRA.  Estimated dates of CR exclusion are not reported by furnishers.  They are generated by the CRAs.

Basis for violation of the FCRA does not occur until the exclusion date has passed.  If that should occur, it should be handled by way of complaint to the CRA, not a dispute of accuracy of reporting.

 

As a side issue, a collection and a judgment are separate adverse items with their own CR exclusion dates.  Which item does the estimated date refer to?


Public record civil judgement for that.
Message 5 of 6
llecs
Moderator Emeritus

Re: Civil judgement of a credit card collection can it be removed.


@Anonymous wrote:

@llecs wrote:

OP, if you are asking if your friend can dispute the account, for the sake of disputing, then I'd say he/she can do whatever they want. However, only dispute inaccuracies, IMO. Many here had success in deleting judgments via paying it with th eplaintiff and having the plaintiff's attorney ask the court to have it vacated and removed. That's the best practice.


Well, they tried serving her, but she wasn't home the serve notice was given to someone else. She never received it, all of a sudden there is a judgement she never got a chance to go to court. That is why I thought she can dispute.


The issue though is that the judgment isn't any less valid. If she's garnished tomorrow she cannot make the defense to her employer/sheriff that the judgment isn't real. In other words, the CRAs won't know or even accept if the judgment is real or not based on her word. What she should do though is take steps to get it vacated on the grounds that she wasn't served. I'm not knowledgable in that, so bumping for others.

Message 6 of 6
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.