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phyregold

Does FACTA override FRCA in regardards to judments? Pintos/Hasbun

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I have a question that i'm hoping to get nailed down and perhaps only WhyChat might know the answer. I really had a judgment awarded to me and I want to pull a credit report. My understand is that Pintos v. Pacific Creditors Association, No. 04-17485 (April 30, 2009) says that you must have a credit transaction to pull a credit report. It's also my understanding that FACTA says determined if a debt is collectable is reason enough (Hasbun v. County of Los Angeles, 323 F.3d 801 (9th Cir. 2003))

 

 

So it would at first appear that Pintos overrides Hasbun but apparently the Pintos court ruled with Hasbun and made a special provision for judgments.

 

To distinguish
Hasbun
’s holding that § 1681b(a)(3)(A) applied to
collection of a child support judgment—presumably
not a “consumer initiated” debt under the majority’s
new test—the court carved out an exception for
judgment debts; a debt reduced to judgment, the
court held without explanation, would be deemed “a
‘credit transaction involving the consumer’ no matter
how it arose.”

 

 

http://www.jonesdayappellate.com/files/CaseStudy/8ef7688e-6ab0-40b0-9455-f9049f6c9db3/Presentation/CaseStudyFile/1c64ecf1-9a89-476d-bdca-fb2849b63868/ExperianPintos10TermCERT.PDF

 

 

Does anybody know the above mentioning case law or foot note - somewhere I could read the exact ruling/opinion

 

 

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