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How Does A Judgment Creditor Obtain A Credit Report On Judgment Debtor? I am in Pro-per and recently obtained a large California

San Francisco, CA |

judgment in Superior Court. According to Hasbun v. County of Los Angeles, 323 F.3d 801 (9th Cir. 2003) relying on Federal Trade Commission (FTC) commentary found in the Appendix to 16 Code of Federal Regulations (CFR) Part 600, that stated that "[a] judgment creditor has a permissible purpose to receive a consumer report on the judgment debtor for use in connection with collection of the judgment debt, because it is in the same position as any creditor attempting to collect a debt from a consumer who is the subject of a consumer report," citing also Sixth Circuit in Duncan v. Handmaker, 149 F.3d 424 (6th Cir. 1998) Since I am in Pro Per, for the purpose of collecting this judgment, how would I go about obtaining credit report(s) from the big three credit reporting agencies? Thanks You!

Attorney Answers 3

  1. You need to purchase the report by enrolling in their service and paying their fees. This is usually not practical nor economical for an individual creditor. You are free to contact each of the credit reporting agencies to learn what is necessary. Remember, the credit reporting agencies make their money from the fees that they charge creditors.

  2. While it is technically and legally possible for you to obtain the individual debtor's credit reprt (I assume the judgment is against an individual), it is highly impractical to do so directly in your situation.

    Your best option is to engage the services of an "asset finder" company. They have subscriptions to credit reporting services and access to databases of asset listings. Just google "asset finder" or "asset locator" and you'll see several entities that offer these services.

    You will need to invest some money in this service, but your next question (based on the results of their search) should be, "is this judgment worth pursuing?" The fact that you (in pro per) obtained a large judgment against an individual indicates to me that the individual doesn't care about a large judgment because there are no assets at risk (i.e., none exist or they are hidden). Before you spend too much on collection efforts, be sure there is something there to collect!

    Good luck.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting an experience bankruptcy attorney in your area and providing ALL relevant information.

  3. Practically speaking you can not get the credit report yourself. Signing up with the credit reporting agencies requires a lengthy process and they have to audit your physical location to see where you will be keeping credit reports etc.

    You will need to go through a private investigator who runs them or through a company that looks for assets.

    If this is a large judgment, you may want to talk to a lawyer.

    This stuff is actually often pretty hard to do.

    Good luck

    Greg G

    This answer is not intended to provide legal advice and you should always consult a qualified lawyer in your state who has had the opportunity to discuss all aspects of your matter with you and review all applicable documents before making any decisions on your matter.

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