This seems to be coming up more and more. So I wanted to put this post in a place where people can find it easily.
I am pulling part of this from a previous post...
**Please be sure to opt out and delete/update ALL personal information on your reports FIRST.
You must first determine if you have an actual filed, entered and recorded judgment.
Just because there is an entry on your credit report of a judgment does NOT necessarily mean that you actually have a recorded judgment. Sometimes, the CRA's will report the CASE-FILE where you were sued, together with the statement that a default judgment was issued, when in fact the case was never completed, and there is NO "real" judgment on record.
Your first step is to either go on line or go to the Court and obtain a copy of the RECORDED JUDGMENT. This is NOT the same as getting a copy of the case-file. Most Counties will have it available on line under RECORDED DOCUMENTS.
If you have a RECORDED judgment, get a CERTIFIED copy from the Court. Examine it very carefully for ANY discrepancy between what is on your reports and what has been recorded.
If you find a discrepancy, or if you find that you have NO actual recorded judgment, you can send the following dispute letter to the CRA's.
Dear CRA,
My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.
I am sending this dispute certified mail # xxxx to make sure you receive it.
My report # is xxxxx.
There is no such judgment of record # xxxx from this Court for this date for this amount from this creditor.
I have certified documentation from the Court that supports my dispute of this erroneous entry on my report.
If this entry is verified, please send me the name and address of the provider or furnisher providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.
Very truly yours,
xxxxxx
Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic). DO NOT send it RR
~courtesy of Why Chat's Credit Confusion
Now......that would be great if that takes care of it. Then you're done.
If not, and it comes back verified, you will need to then send the CRA a
PR (procedural request) letter asking them how they verified the information.
Dear CRA:
Your company recently investigated and verified a judgment that I disputed on xx/xx/xxxx.
This letter is NOT a request to reinvestigate. This letter IS a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this investigation.
You have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed by Federal law.
For your benefit, and as a gesture of my goodwill, I will restate the relevant dispute:
*insert original letter here*
As already stated, the listed item is inaccurate and incomplete, and are a very serious error in reporting. This letter IS a request for the procedures used to determine the accuracy of the above accounts. It is NOT a request to reinvestigate. I look forward to correcting this error in the most expeditious manner possible.
Sincerely,
Me
SS# and credit file number
It is almost guaranteed you will get a BS response form letter of how they conduct their investigation. They will most likely tell you to contact the furnisher of information. So that is what you will do. The deal is.........is that the FOI listed on your CRs is the courthouse. The courts don't verify information with the CRAs. They usually get it from 3rd party furnishers like Lexis Nexis. :rolleyes:
Ok,.......so, next you send a letter to the courthouse where the judgment is filed. You need to ask them what their procedures are for verifying records with the CRAs. (The courts rarely verify public records with the CRAs as it is not theri policy) Be sure to enclose a self addressed stamped envelope. You need to make is
as easy as possible for them to write you back. Otherwise, you will probably will not receive a response.
The clerk will send back a letter stating that they do not verify records with the CRAs........and there you go. That is proof that the CRAs DID NOT properly investigate your dispute.
You then send another letter (CM but not RR) to the CRAs along with a copy of the letter from the court house........demanding that they delete the judgment immediately. Stress that you ARE NOT disputing........but demanding deletion of the public record and request an updated copy of your report.
**Be sure to send all of these letters Certified Mail!! It's very important you have a paper trail/proof of correspondence.
9 times out of 10, that will do the trick.
I have known many people to have success doing it this way......including myself.
If you have any questions, feel free to ask and I will do my best to answer.