Jumping in head first!

[lostnconfused]

Hi everyone.

 

Thank you WhyChat for the wealth of information and for all the help I see you and others giving to the people here. As a newbie on the board I hope to as well be helped and benefit from all of you kind people's knowledge.

 

My situation is that I am working on cleaning up my DH's CR first due to his employer threatening to revoke a security clearance if it is not taken care of promptly. He has 5 medical collections, 7 other collection accounts, and 1 default judgement for an old rental unit. All of these accounts are from 2007 or prior. I am on a 30 day timeframe to get something accomplished and a letter drafted for his employer. I have spent the past 3 1/2 weeks trying to read everything to learn the processes.

 

So far this is what I have done:

 

5/19 online dispute with EQ for 4 inquiries - 4 deleted as of 5/20

5/21 spoke with EX asking for removal of 4 name inaccuracies & old addresses - was told addresses could not be removed

5/21 online dispute with TU asking for removal of old addresses and old employer

5/21 online dispute with EQ asking for removal of old addresses

5/21 - OPTED OUT via telephone

 

Today I also drafted whychats Pre- Hippa dispute letter to all 3 CRA's listing all 5 medical accounts. I used some personalized stationary and an italic purple font. I hand addressed the envelopes and put the CM sticker on them. I plan on placing these in the mail tomorrow.

 

I am thinking the way to handle the other 7 accounts is by DV to the CA's. However, 1 is still an OC for an old utility bill. I was not able to locate a sample letter to an OC via the search function. Should I send these DV's now to the CA's as well as to the CRA's or wait to hear back on the medical accounts first?

 

As far as the Judgement goes, I am still at a bit of a loss on that one.

 

 

Can anyone tell me if I have done things properly up to this point please and if not, what I should have done or be doing?

 

Thank you so much in advance.

[DragonFlyer]

Good news! WhyChat even has a guide to deleting judgments:

 

http://whychat.5u.com/deletejudg.html

 

But there is bad news....With your short time line, you may run into problems because you should not dispute medical accounts the same time you are disputing other collection accounts. WhyChat should be along to discuss the medical side of your issues.

 

When did the 30-day time frame start to get this all done?

[lostnconfused]

Good news! WhyChat even has a guide to deleting judgments:

 

http://whychat.5u.com/deletejudg.html

 

But there is bad news....With your short time line, you may run into problems because you should not dispute medical accounts the same time you are disputing other collection accounts. WhyChat should be along to discuss the medical side of your issues.

 

When did the 30-day time frame start to get this all done?

 

 

I may have not been clear, I apologize...

 

I do not have 30 days to "fix it" I have 30 days from today in which I need to have a letter drafted and some sort of documented proof that we are addressing the issues on DH's CR. All the employer wants to see is that we are actually taking it seriously and attempting to remedy it, not just blowing it by the wayside, if you know what I mean. They will then continue to "monitor" the situation to be sure we are in fact following thru with what we have claimed are intentions are to remedy it.

 

Thank you very much for your response Dragon Flyer

[Why Chat]

Hi everyone.

 

Thank you WhyChat for the wealth of information and for all the help I see you and others giving to the people here. As a newbie on the board I hope to as well be helped and benefit from all of you kind people's knowledge.

 

My situation is that I am working on cleaning up my DH's CR first due to his employer threatening to revoke a security clearance if it is not taken care of promptly. He has 5 medical collections, 7 other collection accounts, and 1 default judgement for an old rental unit. All of these accounts are from 2007 or prior. I am on a 30 day timeframe to get something accomplished and a letter drafted for his employer. I have spent the past 3 1/2 weeks trying to read everything to learn the processes.

 

So far this is what I have done:

 

5/19 online dispute with EQ for 4 inquiries - 4 deleted as of 5/20

5/21 spoke with EX asking for removal of 4 name inaccuracies & old addresses - was told addresses could not be removed

5/21 online dispute with TU asking for removal of old addresses and old employer

5/21 online dispute with EQ asking for removal of old addresses

5/21 - OPTED OUT via telephone

You need to dispute old addresses and name inaccuracies in writing, include a copy of his drivers license and SS card and an ORIGINAL recent utility bill as proof of the correct and correct address

Today I also drafted whychats Pre- Hippa dispute letter to all 3 CRA's listing all 5 medical accounts. I used some personalized stationary and an italic purple font. I hand addressed the envelopes and put the CM sticker on them. I plan on placing these in the mail tomorrow.

 

I am thinking the way to handle the other 7 accounts is by DV to the CA's. However, 1 is still an OC for an old utility bill. I was not able to locate a sample letter to an OC via the search function. Should I send these DV's now to the CA's as well as to the CRA's or wait to hear back on the medical accounts first? Once you have a response from the CRA's on the medical accounts, you can dispute the utility account with this:

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

Please advise me as to the correct name and current address of this creditor, the name of the account holder, and the reported date of first delinquency,as any account I might have had at one time would be obsolete.

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

Very truly yours,

xxxxxx

 

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

DO NOT send it RR

 

As far as the Judgement goes, I am still at a bit of a loss on that one.

 

Follow the directions from Dragon Flyer, since this is on the report as a "public record" you can send the dispute NOW as soon as you have obtained the correct data from the County Clerk's Office

Can anyone tell me if I have done things properly up to this point please and if not, what I should have done or be doing?

 

Thank you so much in advance.

[lostnconfused]

Thank you for your response Whychat

 

a tiny update: TU deleted the old address and old employer according to their dispute results they emailed this morning.

 

I know it might be silly but these little things in my favor make me happy

 

The Pre hippa letters are going in the mail today CM to the CRA's.

[lostnconfused]

Oh another question. Can I send the DV's to the CA now or do I have to wait until I get the response from CRA's on the medical?

[bonbonXO]

Wait for the full response from the CRAs on your Pre-Hippa Dispute before you do anything with the medical collections.

The HIPPA process can be confusing, if any of the medical collections aren't deleted with the Pre-HIPPA dispute, than find this post and ask for further assistance before you do anything.

Edited May 22, 2009 by bonbonXO

[bonbonXO]

Sorry computer is being goofy today!

Edited May 22, 2009 by bonbonXO

[bonbonXO]

If you are asking can you DV the other 7 CA that are non medical related while you are waiting for the Pre-Hippa results, than that would be OK, but follow the HIPPA process for the medical collections.

[lostnconfused]

If you are asking can you DV the other 7 CA that are non medical related while you are waiting for the Pre-Hippa results, than that would be OK, but follow the HIPPA process for the medical collections.

 

 

Ok thank you. Yes, I was asking about sending the DV's on the other collections that are not medical related. I know not to dispute anything with the CRA's until the medical results come back.

 

Thank you so much.

[lostnconfused]

Another question. First off, should I move this thread since everything is not medical related? Sorry if I have put it in the wrong place.

 

I called the courthouse today regarding the judgement, they said it is not recorded anywhere but with the court and that it does not have to be. Is that correct? It is in California if that matters. She also said that we can still file a motion to vacate. I know without seeing anything that the court address on the CRA's for this judgement is wrong. The court closed down at that address plus that one only handled criminal cases when it was open.

 

So my question is, should I dispute it with the CRA's based on incorrect address, send a DV to the CA, plus file the motion to vacate? Or how should I proceed?

 

Thank you again.

[bonbonXO]

File the motion to vacate first as soon as the judgment is is updated in the courts database as vacated then dispute it with Why's Chat method, but not before.

 

I wouldn't move the whole thread, Once you get the DVs out for the 7 non-medical collections, it may be better to post in the credit forum for further assistance with those.

You may have to do this over a few disputes with the CRAs, but the vacated judgment will go along way with DH boss even if it is still incorrect on CR. Once vacated a judgment should come off "easily"

[lostnconfused]

Thank you bonbonxo for your response

[Why Chat]

Another question. First off, should I move this thread since everything is not medical related? Sorry if I have put it in the wrong place.

 

I called the courthouse today regarding the judgement, they said it is not recorded anywhere but with the court and that it does not have to be. Is that correct? It is in California if that matters. She also said that we can still file a motion to vacate. I know without seeing anything that the court address on the CRA's for this judgement is wrong. The court closed down at that address plus that one only handled criminal cases when it was open.

 

So my question is, should I dispute it with the CRA's based on incorrect address, send a DV to the CA, plus file the motion to vacate? Or how should I proceed?

 

Thank you again.

Go on line to the COUNTY CLERK'S office of the County where the "judgment decree" was issued. Look for recorded instruments.

A judgment may be filed and approved by the Court, and still not be recorded in the public records. The Court address is where the original claim was filed, the clerk at the Courthouse misunderstood your question. The Court clerks do not deal with the recording, that is at the same place where deeds and mortgages are recorded. Follow the directions on the link. When does it show it was filed??

[lostnconfused]

Another question. First off, should I move this thread since everything is not medical related? Sorry if I have put it in the wrong place.

 

I called the courthouse today regarding the judgement, they said it is not recorded anywhere but with the court and that it does not have to be. Is that correct? It is in California if that matters. She also said that we can still file a motion to vacate. I know without seeing anything that the court address on the CRA's for this judgement is wrong. The court closed down at that address plus that one only handled criminal cases when it was open.

 

So my question is, should I dispute it with the CRA's based on incorrect address, send a DV to the CA, plus file the motion to vacate? Or how should I proceed?

 

Thank you again.

Go on line to the COUNTY CLERK'S office of the County where the "judgment decree" was issued. Look for recorded instruments.

A judgment may be filed and approved by the Court, and still not be recorded in the public records. The Court address is where the original claim was filed, the clerk at the Courthouse misunderstood your question. The Court clerks do not deal with the recording, that is at the same place where deeds and mortgages are recorded. Follow the directions on the link. When does it show it was filed??

 

 

Whychat - I went online to the county recorders website. I could not find anything other then recordings for property and maps. It did say if it was court related to contact the court. I did go onto the court website and I found this and wonder of it is what you are referring to:

 

Abstract of Judgment

 

An Abstract of Judgment is a summary of the Court's decision. An Abstract of Judgment is generally recorded with the County Recorder and acts as a lien on property owned by the judgment debtor. To have an abstract issued, complete the Abstract of Judgment (Form #EJ-001) and submit it to the Court Clerk's Office along with the proper fee. Take or mail the issued Abstract of Judgment to the County Recorder’s Office in the county where you believe the judgment debtor owns real property (contact the County Recorder’s Office to find out the fee for recording.)

 

 

There has not been one of those ordered on the case that resulted in the default judgment. What they got was a Writ of Execution. They want to try and attach wages and bank accounts. The Writ was granted on 3/23/07. Is this info you were asking for?

[Why Chat]

Another question. First off, should I move this thread since everything is not medical related? Sorry if I have put it in the wrong place.

 

I called the courthouse today regarding the judgement, they said it is not recorded anywhere but with the court and that it does not have to be. Is that correct? It is in California if that matters. She also said that we can still file a motion to vacate. I know without seeing anything that the court address on the CRA's for this judgement is wrong. The court closed down at that address plus that one only handled criminal cases when it was open.

 

So my question is, should I dispute it with the CRA's based on incorrect address, send a DV to the CA, plus file the motion to vacate? Or how should I proceed?

 

Thank you again.

Go on line to the COUNTY CLERK'S office of the County where the "judgment decree" was issued. Look for recorded instruments.

A judgment may be filed and approved by the Court, and still not be recorded in the public records. The Court address is where the original claim was filed, the clerk at the Courthouse misunderstood your question. The Court clerks do not deal with the recording, that is at the same place where deeds and mortgages are recorded. Follow the directions on the link. When does it show it was filed??

 

 

Whychat - I went online to the county recorders website. I could not find anything other then recordings for property and maps. It did say if it was court related to contact the court. I did go onto the court website and I found this and wonder of it is what you are referring to:

 

Abstract of Judgment

 

An Abstract of Judgment is a summary of the Court's decision. An Abstract of Judgment is generally recorded with the County Recorder and acts as a lien on property owned by the judgment debtor. To have an abstract issued, complete the Abstract of Judgment (Form #EJ-001) and submit it to the Court Clerk's Office along with the proper fee. Take or mail the issued Abstract of Judgment to the County Recorder’s Office in the county where you believe the judgment debtor owns real property (contact the County Recorder’s Office to find out the fee for recording.)

 

 

There has not been one of those ordered on the case that resulted in the default judgment. What they got was a Writ of Execution. They want to try and attach wages and bank accounts. The Writ was granted on 3/23/07. Is this info you were asking for?

Because this "judgment" may be different than an ordinary $$ judgment from a CC Company, ( landlord tenant laws are different than other laws) I do not know how to deal with it. I suggest you move THAT part of your problem to the "Help I've Been Served" forum or consult a lawyer for THAT specific problem. How "old" is old?? Here is a link that might help.

http://www.courtinfo.ca.gov/selfhelp/small...ollectintro.htm

 

If the Court clerk said you could still file a motion to vacate, AND you have a good reason to question the validity of the claim, do so.

Edited May 23, 2009 by Why Chat

[lostnconfused]

Thank you very much WhyChat

[lostnconfused]

Ok I have an update.

 

I sent out the Pre-Hippa letters CM last Friday. According to the USPS website only 1 of them has been delivered so far.

 

I mailed out DV letters for all the other collection accounts minus the Judgment (wasn't sure if I was supposed to DV this one) and the Utility bill that is still with the OC. (didn't know how to proceed with OC on this one) I sent the DV letters CMRR and have not gotten green cards back but according to USPS all of them have been delivered except 2 that had notices left.

 

I checked the EXP report online and it shows that the 4 inaccurate name spellings I disputed have been removed

 

However, this is where I have a question for Whychat or whomever. One of the inaccurate names was attached to one of the medical accounts that I sent the Pre-hippa letter on. But I noticed that it was tagged as currently being investigated. I am thinking it is due to the name being removed. How does this effect or does it effect the Pre- Hippa letter dispute for that account? How should I proceed if at all?

 

Thank you.

[lostnconfused]

Oh I do have another question.

 

I did NOT send DV's to the CA's on the medical collections. Was I supposed to send the DV's on those accounts? I was unclear if I DV them now or wait for the Pre-Hippa responses from the CRA's.

 

Thank you.

[DragonFlyer]

Wait for the responses from each CRA on the pre-HIPAA letters first. Then you move to the next step depending on the results.

 

I am wondering...your disputes of old names/addresses wasn't finished yet and is still under investigation? You need to make sure those are cleaned before doing any disputes. You also need to make sure you are opted out. Have you opted out yet?

[lostnconfused]

Wait for the responses from each CRA on the pre-HIPAA letters first. Then you move to the next step depending on the results.

 

I am wondering...your disputes of old names/addresses wasn't finished yet and is still under investigation? You need to make sure those are cleaned before doing any disputes. You also need to make sure you are opted out. Have you opted out yet?

 

 

Yes I did the opt out already. The name had been deleted but the collection attached to that name said under investigation.

[DragonFlyer]

Wait for the responses from each CRA on the pre-HIPAA letters first. Then you move to the next step depending on the results.

 

I am wondering...your disputes of old names/addresses wasn't finished yet and is still under investigation? You need to make sure those are cleaned before doing any disputes. You also need to make sure you are opted out. Have you opted out yet?

 

 

Yes I did the opt out already. The name had been deleted but the collection attached to that name said under investigation.

 

Okay, good deal. Just making sure!

[lostnconfused]

so I checked the dispute status online of EQ and it says 1 of 5 has been completed. I have no idea what that means as far the 5 medical accounts we sent the pre-hippa letters for. It also said "mailed" so I am hoping I get some sort of response soon. lol.

 

Is it normal that they would respond to 1 at a time even though the letter disputed all 5 medical accounts listed?

[lostnconfused]

Ok so I am here with an update. I checked the delivery of all 3 hippa letters to the CRA's.

 

EQ does not show delivery per the usps website. I did check the online dispute section and it shows a dispute as of 5/26/09 with status of mailed and that is it still pending with a completion date of 7/6/09. As of today 6/23/09 I have received no communication from them.

 

EXP- shows delivery of the hippa letter on 5/29/09. I have also not received any communication from them as of today's date.

 

TU- shows delivery on 5/26/09. I did receive a letter from them stating one of the disputed accounts does not appear on their report. They requested a bunch of info on the debt. I have not replied to that letter. I disputed 5 medical accounts in total.

 

I know I am a few days short of my 30 days on this. I am just wondering what my next step is in regards to these accounts?

 

On a separate note, I also sent DV's to the CA's on the collections on DH's report within a day of sending the Hippa letters to the CRA's. I have not received a response from any of the CA's regarding the DV's either. I have received the green cards back showing delivery of the DV's. What is my next step regarding those? Do I send the letter to the CRA's after the 30 hippa day window is over stating none of the collections were verified?

 

Thank you for your help.

[bonbonXO]

Ok so I am here with an update. I checked the delivery of all 3 hippa letters to the CRA's.

 

EQ does not show delivery per the usps website. I did check the online dispute section and it shows a dispute as of 5/26/09 with status of mailed and that is it still pending with a completion date of 7/6/09. As of today 6/23/09 I have received no communication from them.

 

EXP- shows delivery of the hippa letter on 5/29/09. I have also not received any communication from them as of today's date.

 

TU- shows delivery on 5/26/09. I did receive a letter from them stating one of the disputed accounts does not appear on their report. They requested a bunch of info on the debt. I have not replied to that letter. I disputed 5 medical accounts in total.

 

I know I am a few days short of my 30 days on this. I am just wondering what my next step is in regards to these accounts?

 

On a separate note, I also sent DV's to the CA's on the collections on DH's report within a day of sending the Hippa letters to the CRA's. I know you are in a hurry and your deadline is pretty important, but you can't rush this process. You should've waited for the full results for the Per-HIPPA disputes with the CRA before you did anything eles with your DH's medical accounts. If the DVs are for the other account (non-medical) wait for the Results from the Per-HIPPA disputes with the CRAs to comeback, then dispute these accounts with the CRA. Go to the credit forum and search 1-2 punch you have already completed step 1 so just pick up with step 2, disputing with the CRAs. If I am reading this correctly you can have your next round of disputes ready to mail the same day. Try to keep just your medical related questions in here or it makes it really hard to follow. I have not received a response from any of the CA's regarding the DV's either. I have received the green cards back showing delivery of the DV's. What is my next step regarding those? Do I send the letter to the CRA's after the 30 hippa day window is over stating none of the collections were verified?

 

Thank you for your help.