tag:blogger.com,1999:blog-2927206001214974856.post3770415520394143707..comments2023-10-05T05:55:48.485-07:00Comments on Repair Your Bad Credit With Future Fico: How To Write A Validation LetterShannon Lopezhttp://www.blogger.com/profile/13849218383895424511noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2927206001214974856.post-7768287134950413282014-06-19T17:20:28.722-07:002014-06-19T17:20:28.722-07:00Hi Expert, yes I answered it in the previous post....Hi Expert, yes I answered it in the previous post. I've been doing some research for a collection lawsuit of one of my clients. I happened to come across some case law that tries to refute 73 Am Jur 2d Ss 90 & 93. However, even though a court may want to interpret or make new law by ruling and summarizing something doesn't mean it is law or new law or even correct, for that matter.<br /><br />Am Jur is an encyclopedia of US and State laws, I believe it actually may be the summaries of Supreme Court laws (US & States). Anyhow, as I read case law that contradicts the facts about the law of subrogation as described in the above citation, my mind always shoots back to another wonderful clarification made in a famous section of Am Jur. <br /><br />That would be 16 Am Jur 2d, Sec 177, 2d Sec 256. What it says basically is that any law that is not in agreement with the Supreme law (US Constitution) is not a law, non-law, void and no one has to follow that fake law nor be bound by it and no court has to enforce it. (obviously I've paraphrased it here).<br /><br />So, when I have some slimy debt collector that tries to challenge the 73 Am Jur citation with irrelevant or contradictory lower case law, I sling 16 Am Jur back at them and do the happy dance!Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-59552114642312696602014-06-19T16:31:58.245-07:002014-06-19T16:31:58.245-07:00Shannon, sorry for the previous question. It looks...Shannon, sorry for the previous question. It looks like you answered it in your previous post. So you don't need to 'approve' my 2 comments.Thanks!Expert Credit Consultantshttps://www.blogger.com/profile/12326878418537987235noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-36761387803360548172014-06-19T16:20:49.144-07:002014-06-19T16:20:49.144-07:00Shannon, How are the collection agencies able to f...Shannon, How are the collection agencies able to furnish to the credit bureaus if they haven't been given consent? If they were 'assigned' the debt from the original creditor, does that transfer the 'consent' originally given to that original credit? Expert Credit Consultantshttps://www.blogger.com/profile/12326878418537987235noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-15139124681252198172014-05-17T02:31:21.111-07:002014-05-17T02:31:21.111-07:00I constantly emailed this site post page to all my...I constantly emailed this site post page to all my friends, because if prefer to read it then my all friends will too. <a href="http://www.best-5-credit-repair-companies.com/" rel="nofollow">credit repair companies</a><br />Anonymoushttps://www.blogger.com/profile/03977848492914623671noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-52320670114271358102014-04-21T21:40:50.090-07:002014-04-21T21:40:50.090-07:00Ikaika,
Thanks for the compliment about my blog. ...Ikaika,<br /><br />Thanks for the compliment about my blog. Regarding this judgment, yes, you can dispute it. Regardless of them garnishing your wages (which you can go to the court and ask for a reduction if its too much), they still have no right to either inquire or furnish information on your credit reports.<br /><br />The FCRA states specifically that you had to give your authorization PRIOR to furnishing information and only for a credit or insurance transaction initiated by you. Who in their right mind would authorize a 3rd party collector the right to furnish negative information on their credit report? The answer in my opinion, no one! And, they did not issue credit or insurance nor are they in that business, so they fail that way also. So you never initiated a transaction, you never gave prior consent, and the FCRA does not allow it even with a judgment.<br /><br />Now, inquiring, its the same rules but for them to claim they had a right because of the judgment is a lie also, in case they try to say that. It would require a court order giving them permissible purpose. They got a judgment, not a court order to inquire on your credit report.<br /><br />Now let's talk about the judgment. Those are not put on the credit report by the court (in most cases) nor the collector. Those are put on by independent contractor data miners who dig through public records. This is a violation of the FCRA because of the same requirements for furnishing information as described above applies as well, plus it is all hearsay and they have no standing to verify anything. They would have to be a party to the action in order to verify. So, if you get a letter from the court clerk stating that they don't verify with credit bureaus, then when you dispute, you send a COPY of that letter in to the bureaus and by law they must remove it.<br /><br />Will this stuff come off if you throw these laws at them? Not always. None of these folks are fond of complying with the law. Hopefully it will, but not necessarily, and possibly only with repeated disputes or the help with of the CFPB or a lawsuit against them.<br /><br />If you have more questions, feel free to email me or call me. My contact info is up at the top on the right hand side.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-32021509618604928462014-04-21T12:01:17.443-07:002014-04-21T12:01:17.443-07:00This is a great blog you have, and I thank you for...This is a great blog you have, and I thank you for it. If you have a few minutes to spare, I have a question for you. <br /><br />Last year, I suffered a bit financially and had to break free of my rental agreement by four months. I missed my court date with my rental property and the balance I owe has since been sent to collections. The amount I owe has also been reported to Jackson County (it is the county I live in in Missouri) and my wages at work are now being garnished. <br /><br />My question for you is, am I legally able to dispute the collection amount with the collection agency or credit bureau for listing the FULL amount on my report, even though the amount is now incorrect and less, because I am making payments through garnishment?<br /><br />Thanking you in advance Anonymoushttps://www.blogger.com/profile/12495689246577486455noreply@blogger.com