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Technicality with Cease and Desist letter?

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  #1  
Old 01-10-2010, 11:39 AM
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spunk999 spunk999 is offline
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Default Technicality with Cease and Desist letter?

So I sent a C&D letter to one of my creditors last week, but as I was reviewing my credit report, it occurred to me that the information the are reporting is inaccurate - what do I do since I told them to C&D? How do I correct that information? If I dispute through CRA, they may validate it because they have a copy of a judgment (but that judgment was already paid) and I do not want to mess up with the CRA and ask them to investigate "frivolous" things ... please advise with any thoughts ... (?)
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Old 01-10-2010, 05:00 PM
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I am not sure I understand why you would C&D a paid judgment -- but, I guess that is beside the point.

I am guessing that you are trying to have the judgment removed from your credit report. Judgments are not reported by the creditor. They are public records and come from the courthouse. Getting a judgment removed is a challenge. Technically, a paid judgment can remain on your credit report for 10 years after the payment of the judgment (read the Fair Credit Reporting Act).

Disputing to the creditor is fruitless since they are not reporting the judgment.

If you want the judgment status changed to paid, then you should provide the CRA a copy of evidence that the judgment has been paid.

You can try to dispute the judgment directly to the CRA. I doubt you will be successful but you might have a long shot. As you noted, the risk is getting yourself on the frivolous list.
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Old 01-10-2010, 06:56 PM
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Sorry for the confusion on this - the original creditor for a judgment, I paid the judgment and acquired more debt on the same account number - when I finally moved and the account closed the entire account went to collections and the collection agency is trying to collect on the judgment for the original creditor - sooo ... I have a judgment on my CR and a CA reporting an unpaid debt for that same amount. I already paid the judgment so I am working on filing the paperwork with the court - I just have not done that yet. So I sent a C&D letter to the CA asking THEM to stop contacting me. Now, how do I get the CA TL fixed? LOL - sorry it is so confusing ...
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