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Credit Report Questions

Credit reports are a list of a person's credit activity during the last 7 years. Credit cards, cable companies, cell phone companies, car loans, etc. are usually all listed in this report. If a person files bankruptcy, that too will be listed on a credit report but will remain on the report for 10 years. Information such as delinquent accounts, missed payments, accounts with good standing, how long an account has been active, or if an account has went to a collection agency. The good, the bad, and the ugly are all listed on the credit report. Lenders use the credit report to determine whether the person is a good candidate for credit. Below are a few of the more popular questions regarding credit reports that have been answered by Experts.

Can my wives attorney run my credit report without my permission?

Your credit report is protected by the Fair Credit Reporting Act which is a federal law that regulates who can have access to a person's credit report and for what reasons. The FRCA states that a business must have a legitimate reason before accessing your credit information. It is a criminal offense to obtain a person's credit information under false pretenses and is punishable up to a year in jail.

Businesses and lending institutions can obtain a membership to credit bureaus in order to gain credit checks on potential customers. However, the members must sign a contract agreeing to use the credit information for legitimate reasons such as employment or loans.

Here are the types of organizations that can access your credit report and do a credit history check: lenders, insurance companies, landlords, credit card companies, companies with which you are seeking employment (but only with your written consent), organizations that are considering your application for a government license or benefit (if the agency is required to consider your financial status), state and local child support enforcement agencies, government agencies, other companies with which you've initiated business.

If someone has a judgment on my credit report was served a summons to an address no longer lived at, is the judgment still valid if the summons was never received?

While the judgment is a valid judgment, you may be able to do something about it. The creditor already has the judgment against you so they don't have to show who signed the summons.

The first thing you should do is file a Motion to Vacate the Judgment in the same court that allowed the judgment against you. You need to contact the court clerk's office to review the file. You will be able to see who (if anyone) signed for the service of the summons. You can hire an attorney to draft the Motion to Vacate or draft your own.

You will need to prove that you were not living at the address where the service was sent and that address isn't a relative's address, you may be able to have the judgment removed. Then you can go to court and deal with the debt.

In New Jersey, can a collection agency check your credit report?

A person's credit report holds certain information pertaining to your residence, your ability to pay debt, and whether there have been judgments placed against you, if you have been arrested or if you have filed for bankruptcy. This information can be sold by credit bureaus businesses, insurers, creditors and employers who use the information to determine an application for credit, employment, insurance or renting a home. The privacy and accuracy of this information is regulated by the Federal Fair Credit Act.

There is a way to stop collection agencies from accessing your credit report. Because you live in New Jersey, you can put a security freeze on your credit report. This freeze keeps creditors from viewing your credit report. Here is the link to the State of New Jersey Department of Banking and Insurance. The information in the link will assist you n putting a security freeze on your credit report. http://www.state.nj.us/dobi/division consumers/finance/creditfreeze.htm

How do I put a judgment on someone's credit report who refuses to pay a civil claim I won against them?

The most direct and easy way to collect would be to let a collection agency take care of it. The collection agency will require a percentage of the money for the collection. The collection agency also has the ability to report the information directly to the credit reporting agencies.

A person's credit report is a list of credit information that has been incurred for the past 7 years. The good credit, bad credit and current credit is all listed for a lender to see. Many people are unaware of the importance of a credit report until they go to the bank and want to take out a loan. Oftentimes, a person receives a black mark on their credit report that is incorrect. This type of score may damage the person's ability to assume a loan or gain credit. If you find yourself in a similar situation, you should ask an Expert for assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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5 Lawyers are Online Now

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Recent Credit Report Questions

  • Received a notice of intent to collect a ten year old debt?

    Received a notice of intent to collect a ten year old debt? I filed bankruptcy 2012 and this wasn't on my credit report. What can I do?
  • I was a 5% shareholder/owner of a company that signed an office

    I was a 5% shareholder/owner of a company that signed an office lease agreement - I co-signed the agreement. (In reality I was only trying to help as the other partners were acquaintances of a friend of mine - they were not from the US and did not speak English.) Later I separated from the company and hired a lawyer to make the break clear and clean. Unfortunately, the break was not as clean as thought and when my former partners broke the lease I was also sued. There was a mediation and I reluctantly agreed to pay a total of $6,000 over the period of 2 yrs (I will be done in December). Part of the mediation agreement was that if I were to default it would have no bearing or impact on the other party and vice versa. Well, my former partners defaulted and there was a final judgment against them and, somehow, the plaintiff's lawyers made me a part of the final judgment. Upon receiving the documents I immediately contacted the lawyer and was told that they would rectify it. After a while I received a Corrected Final Judgment, where I am a defendant in the case, but my name is ***** ***** anywhere else in the judgment. So I thought it was over. A little later when I applied for a business credit card and was denied I learned that there is a judgment on my credit... I filed disputes with 3 credit companies and send the Corrected judgment as a supporting document. Now 2 credit agencies are done with their investigation and they decided that the judgment should stay on my credit because the court did not sent a document saying the judgment was satisfied. I argued that they could not sent such document because there was no judgment against me, but in vain. I was advised to contact the judge's office. So I did. After two voicemails and several weeks of trying I finally got hold of the judge's assistant, Judy, who had no ideal who I was, and stated that she did not have any voicemails from me. Also, in a patronizing manner, without even hearing me she told me that 99% of time the judgments are right. When she finally let me speak and I told her what actually happened, she said it was the credit company who's in fault and told me, and I quote, "I do not really care what you do". She rendered me speechless. I also called the plaintiff's lawyer and after a few left messages I was able to get a hold of the lawyer's legal assistant. I explained what happened and asked if they could assist me in any way, since it all originated from their filling a wrong judgment and that I had not done anything wrong. She literally laughed me off and said, "sure, you only did not pay your obligations" and hung up on me. All in all, I was just trying to help, for which, due to a lawyer's mistake I got punished; now, due to another lawyer's mistake I have a judgment on my credit that is not mine. Nobody wants to own the mistake and I have been repeatedly told that I should seek a legal advice. To me it means that I am going to pay for somebody else's mistake. At this point I am frustrated and angry, but more importantly I have no idea what I should do to get this corrected. Thank you,
    Daniel Novotny
  • Here is my issue in a nutshell...I need some major advice. I

    Here is my issue in a nutshell...I need some major advice.
    I received a garnishment affidavit in the mail on Monday (Oct. 13th) and was completely blindsided by it. Since the copy of it was mailed to me via the payroll department where I work, I called and they said that garnishments are due to begin on my October 31st paycheck. I've been working with a credit agency for a while now and work very hard on my job. When I looked into this account, the last thing that I remembered dealing with Dell Financial Services with, was back in the early 2000s. If I remember correctly, I believe that I was contacted past the seven year limitation about the account, but all credit advice I'd been given was that once you begin paying on accounts that are past that limitation, they become reactivated. Even on my credit report, it states that I'd disputed the charges back in 2012 within each of the three credit report columns. Unless I'm confusing this with a completely different account, I believed that the account in question was closed awhile back so again, I had no idea that this was still an issue. Plus the amount sought, is the same as what's due to be garnished from my checks (minus the court, interest and attorney's fees) arond 3800.00.
    Upon further investigation, I learned that a summons for me, was accepted by my husband back in April. Obviously he sat it down somewhere and never thought about it again, because I knew nothing about that having even occurred, until yesterday.
    I pay all major bills (mortgage, vehicle, student loan, etc.) and all utilities of my household. Garnishing my paycheck would cause a tremendous hardship financially. I did however,offer to make payments (to the attorney assigned to this case at Love, Beal and Nixon) and have the total amount paid from 6-8 months. I would even have no problem having the payments drafted from my checking account. I'm trying to keep from accumulating any extra attorney fees this way, as well. Rather than put a strain on my household and daily expenses, good standing at my job (as this could cause foreseeable strains at my workplace). I have worked to rebuild my credit and cannot express how regretful I am for the obvious confusion regarding the circumstances of this account.
    Do I even have a leg to stand on at this point? I'd been advised to contact the attorney to see if I could make payment arrangements still, but she is not in her office today.
    Would bankruptcy be an option if the collection agency refuses to work with me at this point?
    I appreciate your time for reading my lengthy message.
    Thank you
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