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Help!! Judgement w/ Incorrect Filing Dates

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Chrisla2077
Established Contributor

Help!! Judgement w/ Incorrect Filing Dates

Hi all, 

 It has been some times since I have posted due to well - giving up from getting nowhere. However, I recently got my motivation back. I was reviewing updated copies of my CRs from all 3 bureaus. I have 3 judgements that are reported to each of the 3 bureau's from a local credit union and Cap1. i have satisfied 2  of the judgements, however 1 remains open. I should say that all 3 are scheduled to "fall off" of my reports by January 2019. However, when I look at the filing dates listed on my CRs they differ by several months from the filiing dates on record from my local courthouse. For example, one of the judgements is listed on my CR as being filed in January 2011, but the filing date with my local courthouse is June 2010 - making this judgement removeable by July 1, 2017.  Even the dates the judgements were entered are several months before the filing dates listed on the CRs.These files/ reports have not been updated at my local courthouse or on CRs in several years.

 

So my questions are:

 1) Does the FCRA exclcusion apply to the true filing date of a judgement, the date the judgement was entered, or the date it was reported to the credit bureaus?

 

 2) I know that 3 bureaus are scheduled to begin removing inaccurate information and removing judgements by July 2017. Since my accounts have not been updated in years, should I wait until July 1 to see if they will be automatically dropped then or dispute the information now? - I don't want to run the risk of an update making me ineligible for the "every 90-day" rule that the bureaus are implementing? 

 

3)I would imagine that the 3 bureaus would take the  documentation containing the courthouse filing dates as proof as a part of the dispute. Is this correct?

 

 

These are some of the my last remaining baddies - and the heaviest hitting ones, so I don't want to risk having this information on my CRs for longer than necessary, but if the information can be removed earlier, I would very much like it. The earliest filing dates are 6/30/2010  according to my local courthouse. Any help is greatly apprecated.

 

Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

The exclusion date is based on the date of entry of the judgment, not the date the plaintiff filed their complaint with the court.

See FCRA 605(a)(2).

 

If the filing date is incorrectly shown, it is not affecting the scoring of the judgment or its exclusion date.

If you wish to seek correction, I would first check as to whether the public record posting is inaccurate or whether the CRA records are the culprit.

I would hold off on any dispute of accuracy until after July, and see if the CRA removes the judgment based on its internal review.

 

Message 2 of 7
Chrisla2077
Established Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

Ok Robert, thanks. I was hoping that the eariler dates would lead to earlier exclusions, which I would imagine would increase my score since these are the only major baddies I have remaining. Man this credit game is frustrating!

Message 3 of 7
RobertEG
Legendary Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

The relevance of the filing date is the determination of when the party initiated their civil action, which is the date for determining whether the action was within the SOL for your state.

 

Message 4 of 7
Chrisla2077
Established Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

This whole judgement process has left me confused. How would I be able to tell if the CRA has reviewed/updated information every 90days? When I look at the CRA websites it says that the information will be removed after 7 years from the filing date. Why wouldn't this allow for earlier exclusion if the filing dates are earlier than the ones listed on the reports?

 

It just makes me feel uncomfortable that I don't have evidence that the court-based filing date and the CRA filing date match. I want to call and ask, but I'm afraid that this will allow for an update and keep the judgements from being removed after July 1. I also would like to know if the judgement info contains my SSN or Birthday.   Are judgements subject to early exclusion? I've been successful with a few EEs in the past. 

 

Help, I do not know what to do!

Message 5 of 7
Rebuilding69
Established Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

I've had EE's on 2 judgements so far..was like 2 years early.

 

Personally I would wait until 1st week of July is over & then dispute the judgement info as incorrect. I would not supply them with any corrected info, that's on them to get.



Message 6 of 7
Chrisla2077
Established Contributor

Re: Help!! Judgement w/ Incorrect Filing Dates

That's what I was considering doing. I have some very high interest credit cards right now and with my fairly good track record (only 2 30-day lates) in the last 3 years, I thought maybe I could qualify for something better without those judgements - so even saving a few months would help. 

 

 I just don't want them to try and update the information. This filing date info is difficult to understand. 

Message 7 of 7
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