The last post (below) was incorrect. Years ago the CRAs used to employ people directly and they would haunt their local courthouses documenting and uploading information to the CRA. Things change. These Poltergeists no longer work for the CRA directly. There are now companies that act as "middlemen" in the public record information business and these folks now work for the middlemen. One such company is LexisNexis. No courthouse in this country reports to any CRA EVER. It is all public information and someone pays someone to sit at the courthouse and upload the information. Our courts have better things to do and better ways to spend money than uploading information to a CRA whether its the big 3 or one of the middlemen. The big 3 purchase public record information from the "middlemen".
Now, there is a hole in case law big enough to drive a C130 through. When you dispute with a CRA, they send the ACD back to whoever the middleman is. It does not go to the courthouse. This particular step I don't have an issue with. The CRA has done what they are supposed to do, asked the provider of the information to verify. From this point on is where the CRAs as a standard practice violate.
#1. The Middleman does nothing but look at what is already contained in its database. Mind you its the same database from which the information emanated to begin with, of course the information reported is what's contained in its database matches the information reported. The Middleman as a standard business practice violates the FCRA by failing to perform a "reasonable investigation" in response to a consumer dispute. They must go beyond the database per Johnson v. MBNA. The Middleman does not go back to the source of the information.
#2. If you send documents via the normal channels (this goes for all documents including but not limited to certified copies of documents from the courthouse), the documents will be ignored by the big 3. This violates the FCRA, they are obligated by statute to consider information provided by the consumer. They tell you outright that they will not consider your documents. #3. If the information is verified via the middleman, and 99% of the time it is, the big 3 will send you back the notice stating that the information is verified. They will NEVER tell you about the middleman. They refer you back to the courthouse from which the public record allegedly was obtained. This is a violation, they should inform you where they actually obtained the information, the middleman, NOT the courthouse where the information allegedly originated.
If you are having a problem with inaccurate public record information here is what you should do ... Now bear in mind, my advice is always geared toward both solving your issue and helping you lay out a basis for a lawsuit. Should you decide not to sue, that's fine, but if you do want to sue you will already have all the groundwork laid out before you visit an attorney. Dispute the normal way through the normal channels first ... Once they have responded claiming it is verified, write them back and specifically demand that the tell you who the middleman is and their address. You need to address the middleman's records. Now you need to dispute through the middleman, they may not be on the internet, they may not advertise a channel for you to dispute their records. Why? because they know that most consumer's aren't aware of their role in credit reporting so it is rare that a consumer is savvy enough to dispute directly with them. However, this is of no consequence, they are Credit Reporting Agency as defined under the FCRA and they are obligated to follow the FCRA.
Now, while you are in the process of doing the above, obtain certified copies of documents from the alleged source of the public record information. There are to many possibilities to list them all, but for one example, The CRA is reporting a judgment against you when in fact the case was dismissed. Get certified copies of the dismissal. Now dispute with the CRA via the registered agent, CMRRR, and include the actual certified copy of the dismissal. Do not send a photocopy of the original, send the original. This will likely land you in "special handling" and likely solve the inaccurate reporting with the CRA. If it does correct the problem with the CRA, you still have actionable claims for having failed to accurately inform you of the real source of the inaccurate information. If it doesn't then you now have done everything you need to do prior to filing suit. Follow the same pattern with the middleman, including demanding to know the name and address of the middleman if there is another one. Then dispute through the middleman's registered agent including a certified copy if verified. Even if they do eventually correct the issue, you need to evaluate whether or not they violated. If they don't correct the inaccurate information, you are now in a good position to sue both the CRA and the middleman
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boy that is a mouthfull
i would say i have learned something here in most cases, people are trying to get accurate information off their reports early and court documents once put into a "database" or whatever should not alter much or have much to negotiate.
If I get a question from someone who has incorrect court documented public records I will refer to this post
Wednesday, April 02, 2008
How to remove a judgement from my credit report
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