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The company "certified" debt accurate. What is "certified"

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Anonymous
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The company "certified" debt accurate. What is "certified"

While disputing errors on my file a couple came back verified, round two had one returned with the note "The company that reported the information has "certified" that it is accurate"

I am assuming that "certified" is an overblown big bunch of nothingness designed to scare me into running to my corner to sulk and tremble like a snowflake that has spotted a red hat.......NOT going to happen.

Does anyone have knowledge if "certified" (in this instance) means anything?

2 REPLIES 2
thornback
Senior Contributor

Re: The company "certified" debt accurate. What is "certified"

Generally, it means they have, under penalty of perjury, certified that at the time any debts were transferred to them:

  • The debts were delinquent;
  • The debts were valid;
  • The debts were legally enforceable in the amount stated;
  • There were no legal bars to collection; and
  • The creditor had completed all requisite due process.

In other words, they are claiming to have all their ducks in a row and are reporting accurately and legally.

 

**Please refrain from making politically motivated comments in this forum. Thanks.


@Anonymous wrote:

I am assuming that "certified" is an overblown big bunch of nothingness designed to scare me into running to my corner to sulk and tremble like a snowflake that has spotted a red hat.......NOT going to happen.

 

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Message 2 of 3
RobertEG
Legendary Contributor

Re: The company "certified" debt accurate. What is "certified"

There is no legal meaning under the FCRA as to the term "certified" when referencing a decision on a dispute.

The CRA must refer the dispute to the party who furnished the information to the CRA, and that furnisher must then conduct a reasonable investigation of the accuracy, and respond back to the CRA by either verification of the accuracy of the information as reported, corretion of the information consistent with the finding in their investigation, or deletion of the disputed information.

See FCRA 611(a) for description of the CRA disute process, and FCRA 623(b) for furnisher responsibility and response.

 

Use of the term "certified" would be interpreted as their finding that they verify the accuracy of the information as reported.

It has no special meaning beyond that of verification of accuracy.

 

Any "proofs" in the form of documentation or other evidence used in their verification would be discoverable should you bring civil action and get the matter of how they verified the accuracy ("certification").  However, that is a legal issue for resolution by the courts, and is not an issue under the FCRA dispute process, which only mandates a finding of verification or correction.

 

Having received a verification of accuracy in response to your dispute, you now have obtained the right under FCRA 623(c) to bring your own civil action and get the reasonableness of their investigation reviewed by the courts.  That process will consider the extent to which their verification can be "certified" as accurate by the court.  

The furnisher can self-certify a legal finding of accuracy of their reported information,  That determination is the sole perview of the courts.

 

Message 3 of 3
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