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Posted

I have a public record on my Transunion report which I'd like to have removed. I have tried disputing it in the past as being erroneous, but it always has come back as "verified" or "updated".

 

The Transunion report lists the following information:

 

TUC - ARIZONA - Docket #: [redacted]

415 TIJERAS ST NW

ALBUGUERGUE, NM 87102

(505) 841-7437

 

Date Filed: 08/23/2011

Date Updated: 07/24/2013

Type: CIVIL JUDGMENT IN BANKRUPTCY

Responsibility: Individual Debt

Plaintiff: CAPITAL ONE BANK

Amount: $7,103

Court Type: Circuit Court

Estimated month and year that this item will be removed: 07/2018

 

Although I do have a legitimate judgment against me (default judgment that was discharged in a later Chapter 7), the information being reported is full of errors.

 

Here is the information as listed on a certified copy of the Default Judgment:

 

Court: State of New Mexico, County of Bernalillo, Second Judicial District Court

Court Address: 400 Lomas Blvd NW, Albuquerque, NM 87103

 

Date Filed: 08/24/2011

Plaintiff: CAPITAL ONE AUTO FINANCE, INC.

Amount: $8,226.04

 

So, Transunion is reporting the wrong name of the court, as this took place in New Mexico not Arizona, the address for the court is wrong, the spelling of the city name is wrong, the date filed is wrong, the plaintiff is wrong (it was Capital One Auto Finance, Inc. not Capital One Bank), and the amount is wrong.

 

I often hear that the next line of defense when disputing credit report baddies is to dispute the accuracy of the information. So for this case, and for other cases in which I find information being reported which is inaccurate when compared to my official records and documents, how do I make an attempt to get the information deleted as being inaccurate?

 

Thanks for the explanation and assistance.


Posted

You are going to have to find out what court actually did issue the judgment, when you do you will file a motion in that court to have it vacated based on the BK discharge, it then can disappear from your CRs.

Posted

You are going to have to find out what court actually did issue the judgment, when you do you will file a motion in that court to have it vacated based on the BK discharge, it then can disappear from your CRs.

 

I have the certified copy of the judgment from the court. How is this for the wording of the motion:

 

MOTION TO VACATE JUDGMENT

 

COMES NOW [MY NAME], Defendant, who respectfully requests this Court to vacate the judgment against Defendant, [MY NAME], filed 08/24/2011, as grounds therefore states as follows: Defendant Debtor was granted a relief of all debts and obligations, in a Chapter 7 Bankruptcy proceeding, discharged on 09/16/2013 by the Honorable David T. Thuma, United States Bankruptcy Judge, with the original case having been filed in the United States Bankruptcy Court, District of New Mexico, on [bK FILING DATE] as case number [bK CASE NUMBER], with all parties to the case having been given proper notice.

  • 2 weeks later...
Posted

Okay, so I filed the various Motion to Vacate orders with the courts regarding the public records showing up on my credit reports.

 

I'm looking at the Register of Actions for the of the courts and see the following:

 

07/08/2013 Notice of Bankruptcy Case No. ####

07/29/2013 Order to Stay Case due to Bankruptcy

09/20/2013 Discharge All Debts-Bankruptcy Case ####

10/22/2013 Dismissal, Comment (Order of dismissal without prejudice. Notice of discharge of debtor re: ####)

01/27/2014 Motion Filed to vacate judgment submitted by defendant

01/30/2014 Miscellaneous Defendant's motion to vacate judgment reviewed. Already done by Bankruptcy Court.

 

So, the court is saying that the bankruptcy already had the judgment vacated. However, when I've disputed the judgment (after the BK discharge) with the CRAs to have them removed, they have come back as "verified". I thought from reading the information on the board that if the judgment is vacated then the public records can be deleted?

 

Advice and assistance is appreciated.

The last post in this topic was posted 4542 days ago. 

 

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