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marmalade
06-18-2011, 07:25 AM
My DH is a Jr., and his father is pretty much a deadbeat debtor. We are planning to buy a house and when we went to get pre-approved, we were told that there is a tax lien for past due child support and a judgement for something called K A M acquisitions.

I knew immediately that this belong to my FIL and went to annualcreditreport.com and disputed both. Thursday we received an email saying the Child support has been removed. But last night I received an email saying that Equifax has confirmed this debt to belong to my husband.

Since it was friday at 8:30pm I need to wait unti monday to correct and now have to stress about this all weekend.

FIL admits the judgement is his, he has the papers he was served with. My question is...... How do I fix this if it has already been confirmed with the County Supreme Court as belonging to my DH? I want to be armed with as much knowledge before monday when I go to the court house.

bdcp
06-18-2011, 07:32 AM
You need to talk to a lawyer since the county court is saying it's your DH's. It'll cost you something, but not as much as having that on your credit. FIL isn't disputing it, so get him involved with the lawyer too. Better yet, if your FIL has a lawyer already, talk to them about it. FIL can come forward in some way to claim it and get it off your DH's credit. SSN's should be involved too so that should be an easy way to dispute it. Although there have been cases where father's have used son's ssn's when they are named the same to get loans, etc. fraudulently.

One more reason having the same name (with some of the same residence history) isn't a good idea.

marmalade
06-18-2011, 07:54 AM
The last thing I want to do is pay for a lawyer to correct someone else's mistake.

I know nothing about judgements. Since they are public records I can assume that the SSN is not on the public record? Does the court house have all the info on the creditor? How can I get records of the original creditor?

The fact that I have to stress about this all weekend is driving me nuts. We know this isn't my DH, but not knowing how long it will take to correct is frustrating.

To think I cancelled my 1br BWV trip we had scheduled this august to focus our money on buying the house and now we are hit with this curve ball. :confused:

nunzia
06-18-2011, 08:02 AM
You really need to do whatever you can to fix this..years ago my DH's credit got entangled with our son's..he is not even a Jr and they managed to mangle it all up...such a mess to deal with.
Now, the hospital has entangled our daughter's bill for having the baby with DH and also lists him responsible for all the kids...even though DD WORKS at that hospital and has all her insurance and family on record, etc. They had DD listed as a DEPENDANT of a hospital employee, DH doesn't work there, only DD. I tell you, incompetence is going to sink us.

marmalade
06-18-2011, 08:21 AM
You really need to do whatever you can to fix this..years ago my DH's credit got entangled with our son's..he is not even a Jr and they managed to mangle it all up...such a mess to deal with.
Now, the hospital has entangled our daughter's bill for having the baby with DH and also lists him responsible for all the kids...even though DD WORKS at that hospital and has all her insurance and family on record, etc. They had DD listed as a DEPENDANT of a hospital employee, DH doesn't work there, only DD. I tell you, incompetence is going to sink us.

It's scary how something so simple as credit reporting can get so messed up. Things should be linked by SSN only, not names or whatever else they link it too.

teacup princess
06-18-2011, 09:31 AM
My husband has a couple of his father's cc's that show up on his credit report. We've yet to figure out how to successfully get them off of there. Luckily though, he pays his bill so it doesn't show as a negative.

disneychic2
06-18-2011, 09:37 AM
Wow, what a mess! I have no advise, but just wishes for you to get this resolved as quickly as possible.:hug:

seashoreCM
06-18-2011, 10:11 AM
Dispute all errors on your credit report no matter how slight.

Have you disputed it directly with Equifax yet? Including asking them to show proof?

Holding FIL civilly responsible should be a distinct possibility.

Now, the hospital has entangled our daughter's bill for having the baby with DH
You don't want incest to enter the picture.
Holding the hospital civilly responsible should be a distinct possibility. Of course, first give them a brief chance to set their records straight with the information you give them.

For any Purchase and Sales Agreement there should be a financing contingency clause. You (with your own attorney if you are unsure of procedures) should make sure that financing contingency lasts until actual closing, not only to some arbitrary date such as that on a commitment letter. "If the loan does not close then buyer may rescind the Agreement and receive a full refund of all deposits." The seller should trust the buyer not to perturb the contract due to buyer's remorse, not the buyer trust the seller to extend the time of closing to seek alternate financing. In addition financing contingency should not require the buyer to enter into subprime fnancing as part of the terms of the Agreement.

Finally I would go to the court alone first (unless you already have been in which case go again this time with an attorney). Actually I think it is perfectly okay to go alone more than once, each time with more information and more questions.

marie1203
06-18-2011, 11:05 AM
My husband has a couple of his father's cc's that show up on his credit report. We've yet to figure out how to successfully get them off of there. Luckily though, he pays his bill so it doesn't show as a negative.

This happen to me with sister she has same first name and last name and her social is only different by one number. I reported to all the credit reports and in a matter of days they were all taken away.

dawson5
06-18-2011, 02:58 PM
My husband is a Jr. and son a III. We ran into this with his dad, he was a truck driver and owned his own rig/business that went bankrupt. It created a mess. We dispute anything that is not ours. They've been great about taking things off that aren't ours. I don't know if it helps or not, but whenever we've filled out anything from insurance to credit cards, even shopper reward cards, we stipulate that he is Jr. (husband) and same thing with my son. We don't want what happened to us, to happen to him. Granted we have great credit, but we also are vigilant about making sure it is ours.

Also, don't think that because they removed it once, it won't return. We've had things pop back up on ours. I don't know if it was because a debt was resold or what, but sometimes I find myself trying to clear the same debt twice. Add to this, he's been gone for probably 14 years, things still keeping recurring.

Boston Tea Party
06-18-2011, 03:05 PM
The posters at creditboards.com are very helpful. They might have some advice. :)

Planogirl
06-18-2011, 03:52 PM
I know that at Experian, you can send proof that the debt does not belong to whoever's credit report it shows up on. If you're pressed for time you can fax in the proof too. I don't know about Equifax.

You said that the father has the paperwork. Do you know if it shows the last 4 digitis of the SSN? Or a birthdate? You said that the courthouse verified to you that it isn't your DH. Can they give you whatever paperwork they have that shows that?

It can be difficult with judgments and liens since those so often don't show SSN's. Some collection agencies and even some credit card issuers don't report them either. They don't legally have to, in fact there is a movement to do away with SSN's on credit reports entirely. I hope that this never succeeds because if you think that the CRA computers mess things up now, just wait if SSN's are no longer used.

JoiseyMom
06-18-2011, 05:43 PM
Photo copy your fil's judgments and show them to your bank! That should help. Also send this to the credit bureau giving you a hard time. Good luck.

I know when I got my first car loan, and mortgage, credit issues from my ex were there, but all I had to do was show my divorce papers that showed he took legal obligations for all marital debt, and I got both loans.

aprilgail2
06-18-2011, 06:32 PM
This happen to me with sister she has same first name and last name and her social is only different by one number. I reported to all the credit reports and in a matter of days they were all taken away.

Your sister has the same first and last name as you????

marmalade
06-18-2011, 11:49 PM
Dispute all errors on your credit report no matter how slight.

Have you disputed it directly with Equifax yet? Including asking them to show proof?

Holding FIL civilly responsible should be a distinct possibility.

We did dispute it with Equifax and I received a email last night stating they verified that this belongs to DH, when in fact it doesn't.



You said that the father has the paperwork. Do you know if it shows the last 4 digitis of the SSN? Or a birthdate? You said that the courthouse verified to you that it isn't your DH. Can they give you whatever paperwork they have that shows that?

It can be difficult with judgments and liens since those so often don't show SSN's. Some collection agencies and even some credit card issuers don't report them either. They don't legally have to, in fact there is a movement to do away with SSN's on credit reports entirely. I hope that this never succeeds because if you think that the CRA computers mess things up now, just wait if SSN's are no longer used.

I am so concerned becaue according to Equifax, the County Court DID verify this as belonging to DH even though we know it belongs to his dad, and his dad was "served" his paperwork by a Sheriff. How can such an error be made to verify a judgement against someone when the debt belongs to someone else.

They had to send me the email on Friday so there is nothing I can do until Monday expect stress.

NMW
06-19-2011, 10:05 AM
This is exactly the reason I would never have made my sons Jrs, III, etc. This has happened to so many people I know, including my brother that had stuff that was our grandfathers on his credit report from before my brother was even born. It was a huge headache for my mother to get it all removed so he could law school loans.

When I got pregnant with my first child the first thing I told my husband is that we are not naming this baby after him or his father. I did the same middle name, but that's it. :goodvibes

aprilgail2
06-19-2011, 10:07 AM
This is exactly the reason I would never have made my sons Jrs, III, etc. This has happened to so many people I know, including my brother that had stuff that was our grandfathers on his credit report from before my brother was even born. It was a huge headache for my mother to get it all removed so he could law school loans.

When I got pregnant with my first child the first thing I told my husband is that we are not naming this baby after him or his father. I did the same middle name, but that's it. :goodvibes

I had an ex that I found out was using his sons SS# for things and since they both had the same name -one a Jr the other a Sr he got away with it- he even used it when getting a job!

Jeff_G
06-19-2011, 11:40 AM
We did dispute it with Equifax and I received a email last night stating they verified that this belongs to DH, when in fact it doesn't.

I am so concerned becaue according to Equifax, the County Court DID verify this as belonging to DH even though we know it belongs to his dad, and his dad was "served" his paperwork by a Sheriff. How can such an error be made to verify a judgement against someone when the debt belongs to someone else.

They had to send me the email on Friday so there is nothing I can do until Monday expect stress.


From this point on all communication with Equifax needs to be in writing mailed certified with return receipt requested. Keep copies of everything you send along with the return receipt. There are forms online you can download and fill out to dispute the information (don’t bother with their online form any more). Send one to Equifax and one to your county court.

Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…

bosuch
06-19-2011, 12:55 PM
We did dispute it with Equifax and I received a email last night stating they verified that this belongs to DH, when in fact it doesn't.


That's the thing - they "verified" it, they didn't validate it. Many times verification is just some underpaid phone monkey pulling up your credit report, seeing it on there, and saying "Yes, it's valid".

What you need them to provide (and they are legally obligated to do so) is the method of verification - basically, they need to tell you that they contacted the creditor. They probably won't be able to, at which point you tell them they need to remove it or you will sue them for non-compliance with the FCRA. No need to bring in a lawyer, it's a small-claims court matter...

Read this about verification methods: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml

At the same time, challenge it with the creditor. If they don't immediately remove it, demand that they show you:

1) Proof they own the debt
2) Copies of statements
3) Copy of the original agreement with your signature

Since they can't provide #3, you're fine... Give them 30 days, threaten to sue, and follow through if needed. Both the creditor and the agency owe you $1000 each if this isn't removed.

Bill

Planogirl
06-19-2011, 04:11 PM
That's the thing - they "verified" it, they didn't validate it. Many times verification is just some underpaid phone monkey pulling up your credit report, seeing it on there, and saying "Yes, it's valid".

What you need them to provide (and they are legally obligated to do so) is the method of verification - basically, they need to tell you that they contacted the creditor. They probably won't be able to, at which point you tell them they need to remove it or you will sue them for non-compliance with the FCRA. No need to bring in a lawyer, it's a small-claims court matter...

Read this about verification methods: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml

At the same time, challenge it with the creditor. If they don't immediately remove it, demand that they show you:

1) Proof they own the debt
2) Copies of statements
3) Copy of the original agreement with your signature

Since they can't provide #3, you're fine... Give them 30 days, threaten to sue, and follow through if needed. Both the creditor and the agency owe you $1000 each if this isn't removed.

Bill
Underpaid phone monkey? That underpaid phone monkey is simply following the company's instructions, keep that in mind. There's no need to be so rude when you refer to them.

As for that link, there are some inaccuracies there. If people verify by internet no employee of CRA even sees the dispute. It goes directly through the computer system and is verified via the e-oscar system. No paperwork is provided to the CRA but only a response and then this is sent automatically to the consumer via that same computer system.

If you dispute via mail, the detail is added as space allows to the two code dispute in a message to the reporting agencies. Or at least it is at Experian. Again no paperwork is provided to the CRA in response. Those who work with paper mail are usually in another country.

Courts are a bit different. They are generally not on the e-oscar system so in some manner actual representatives of the CRA is said to check the record. They don't necessarily call since many courts are on computer systems and that info is generally available. I'm not sure if the courts can be sued being a government entity and besides they simply store the information themselves.

At Experian, people seem to often get the best results by calling and reaching the previously mentioned underpaid apes. They are definitely easier to work with than a computer who couldn't care less at any rate. You will need a credit report number to get through and you will reach people located in the USA.

sookie
06-19-2011, 04:29 PM
Underpaid phone monkey? That underpaid phone monkey is simply following the company's instructions, keep that in mind. There's no need to be so rude when you refer to them.

As for that link, there are some inaccuracies there. If people verify by internet no employee of CRA even sees the dispute. It goes directly through the computer system and is verified via the e-oscar system. No paperwork is provided to the CRA but only a response and then this is sent automatically to the consumer via that same computer system.

If you dispute via mail, the detail is added as space allows to the two code dispute in a message to the reporting agencies. Or at least it is at Experian. Again no paperwork is provided to the CRA in response. Those who work with paper mail are usually in another country.

Courts are a bit different. They are generally not on the e-oscar system so in some manner actual representatives of the CRA is said to check the record. They don't necessarily call since many courts are on computer systems and that info is generally available. I'm not sure if the courts can be sued being a government entity and besides they simply store the information themselves.

At Experian, people seem to often get the best results by calling and reaching the previously mentioned underpaid apes. They are definitely easier to work with than a computer who couldn't care less at any rate. You will need a credit report number to get through and you will reach people located in the USA.

Actually they are underpaid monkeys. I had a bill - that was paid, mind you - on my credit report from when I was about 14. Yup, 14. You actually should not have a credit file until you are 18 because you can't legally enter into contracts. Anyway, it was affecting our mortgage buying process when I was 20. It was for a whopping $74.

Yes, I was pissed! It still makes me mad. It was the reason I had never been able to get credit from the time I was 18 until I was 20... I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. And, get this - this is the kicker - it had actually been paid and reported in error. This was a medical bill. The problem? I had two insurances and the balance pended out for a while when the other secondary insurance was requesting more information from the hospital and the primary insurance company. The secondary got information right after it was "reported" as being late and paid it.


I asked the hospital - the creditor - if the credit reporting agency was contacting them to actually verify the information. They said NO. My understanding is they just match up socials or name spellings - addresses - anything they have to what was originally reported. That is verified to them.

So, I finally had to go to both the "creditor" - the hospital - with a copy of my birth certificate. They wrote a letter for me even though it was years after the fact. That still didn't work. To speed up the process, I had to threaten Transunion with legal action. I sent copies of my birth certificate, the bills - showing it had actually been paid and the insurance information - and everything. After I did this it was finally taken off. It was both the hospital and Transunion's fault, but the Transunion monkeys should have removed the incorrect entry as soon as they looked at it and saw my date of birth. Idiots!

seashoreCM
06-19-2011, 05:57 PM
I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. Idiots!
Might have been simpler to sue the hospital. Among other things you would get back the $74.

marmalade
06-19-2011, 06:28 PM
From this point on all communication with Equifax needs to be in writing mailed certified with return receipt requested. Keep copies of everything you send along with the return receipt. There are forms online you can download and fill out to dispute the information (don’t bother with their online form any more). Send one to Equifax and one to your county court.

Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…

That's the thing - they "verified" it, they didn't validate it. Many times verification is just some underpaid phone monkey pulling up your credit report, seeing it on there, and saying "Yes, it's valid".

What you need them to provide (and they are legally obligated to do so) is the method of verification - basically, they need to tell you that they contacted the creditor. They probably won't be able to, at which point you tell them they need to remove it or you will sue them for non-compliance with the FCRA. No need to bring in a lawyer, it's a small-claims court matter...

Read this about verification methods: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml

At the same time, challenge it with the creditor. If they don't immediately remove it, demand that they show you:

1) Proof they own the debt
2) Copies of statements
3) Copy of the original agreement with your signature

Since they can't provide #3, you're fine... Give them 30 days, threaten to sue, and follow through if needed. Both the creditor and the agency owe you $1000 each if this isn't removed.

Bill


Thanks. These answers make me feel better. I had to look at the email again, and it states Equifax verified, not validated the information. The email states "you may request a description of the procedure used to detemine the accuracy and completeness of the information, including the business name and address of the furnisher of information contacted."

I'm sure the "underpaid phone monkey" called the court house and asked if judgement #123456789 belongs to John Smith, and the court house said yep it does and that was it. The email also has no reference to DH as Jr.

Planogirl
06-19-2011, 09:03 PM
Actually they are underpaid monkeys. I had a bill - that was paid, mind you - on my credit report from when I was about 14. Yup, 14. You actually should not have a credit file until you are 18 because you can't legally enter into contracts. Anyway, it was affecting our mortgage buying process when I was 20. It was for a whopping $74.

Yes, I was pissed! It still makes me mad. It was the reason I had never been able to get credit from the time I was 18 until I was 20... I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. And, get this - this is the kicker - it had actually been paid and reported in error. This was a medical bill. The problem? I had two insurances and the balance pended out for a while when the other secondary insurance was requesting more information from the hospital and the primary insurance company. The secondary got information right after it was "reported" as being late and paid it.


I asked the hospital - the creditor - if the credit reporting agency was contacting them to actually verify the information. They said NO. My understanding is they just match up socials or name spellings - addresses - anything they have to what was originally reported. That is verified to them.

So, I finally had to go to both the "creditor" - the hospital - with a copy of my birth certificate. They wrote a letter for me even though it was years after the fact. That still didn't work. To speed up the process, I had to threaten Transunion with legal action. I sent copies of my birth certificate, the bills - showing it had actually been paid and the insurance information - and everything. After I did this it was finally taken off. It was both the hospital and Transunion's fault, but the Transunion monkeys should have removed the incorrect entry as soon as they looked at it and saw my date of birth. Idiots!
No, they are not monkeys. I'm sorry that you had problems but these are simply people who follow procedures set by the corporations. If you had problems you should gripe about the company rules not some worker who is simply doing what they're told.

By the way, Transunion's call centers are all located in other countries. That does make a difference as to who you reach and what rules they follow. Did you actually call anyone or just do it through the internet? Like I said before, it's likely that no one at Transunion actually even sees it if you do it through the Internet.

mom3sonstt
06-19-2011, 09:28 PM
You may also want to contact the company that the debt is owed to. If they would be willing to verify that your dh isn't the one they want, maybe they would be willing to confirm it with the credit agency. Right now they aren't using what leverage they have against the right person, so it isn't doing them any good.

Bren's Mom
06-20-2011, 09:39 AM
I would suggest two things; go to creditboards.com and post for advice there, and also consider contacting a Consumer Advocate attorney.

marmalade
06-20-2011, 12:54 PM
OP here. What a mess this is, I am glad my DS is not a III. After speaking to the court house the judgement just states FIL (same as DH) name and address and the attorney for the plaintiff, nothing else. I called the attorney and they were pretty much useless, but they did verify that this judgement does not belong to my DH, but to my FIL, but they can't show proof of this. :confused:

What we are going to do is send a copy of FIL and DH's SSN cards and drivers licenses, a copy of the judgement showing FIL address, and a copy of whatever info FIL has on this to Equifax along with a letter explaining the error and request a debt validation.

So hopefully this will be cleared up within the next few weeks. I am trying to be as positive about this as I can.

mtblujeans
06-20-2011, 01:12 PM
...Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…This is a good suggestion however you do not need to hire an attorney to go to small claims court. And you have such a good case, I would think you would win in small claims court very easily.

It sounds as though the county is insisting that the debt is, indeed, on your DH. I agree that I would contact them and discuss hiring an attorney against them since they are obviously wrong...it just needs to be pointed out to them again.

sookie
06-20-2011, 07:30 PM
No, they are not monkeys. I'm sorry that you had problems but these are simply people who follow procedures set by the corporations. If you had problems you should gripe about the company rules not some worker who is simply doing what they're told.

By the way, Transunion's call centers are all located in other countries. That does make a difference as to who you reach and what rules they follow. Did you actually call anyone or just do it through the internet? Like I said before, it's likely that no one at Transunion actually even sees it if you do it through the Internet.
Granted - this was 8 years ago - but I believe I got a real person several times. I think I did everything by paper and followed up by phone because I wasn't sure about trusting the internet forms then. I remember having to wait on hold - a LOT - when I tried to get through per phone. I did not have the same problems with exp or equifax - but the information was not being reported on those accounts.

I agree with whoever says go to the creditboards. I participated on the boards at that time and they were very helpful. And to whoever suggested suing the hospital - haha! I should have. But at the time - I just wanted it gone so I could get my house! It worked out well and the house was ours. But it was very stressful!

Transunion is awful, by the way. I had requested annual reports on myself and my husband for the past two years. They kept withholding my husbands every single time I requested. After a nasty letter they finally did send it - they said they didn't know why it was being withheld. I think their system is messed up!