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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!

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Attorney answers 3

Posted

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.

Asker

Posted

Thank You for your comment.

Asker

Posted

Richard, Are you aware of any service that can locate/research judgment debtor bank and or brokerage account(s) for collection purposes?

Posted

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.

Asker

Posted

Thank You! I very much appreciate your comments. The debtor, an individual, has a lot of property in a very exclusive area of California. He is arrogant and wouldn't settle, so I took the case to final judgment. That said, do you have a name of a respected "asset finder/locator"?

Michael J. Ireland

Michael J. Ireland

Posted

If you know the counties in which the judgment debtor owns real property (you don't need the street address or legal description), the FIRST thing you should do (next week!) is obtain an Abstract of Judgment from the court (one for each county) and then record one Abstract with each county recorder for each county in which real property may be owned by the judgment debtor. The abstract of judgment form is a Judicial Council form and is the same for all of California, so you can find it online easily. Be CERTAIN to list aliases or aka's and make sure there are no spelling errors and that everything is EXTREMELY LEGIBLE on the Abstract. There will be nominal fees at the Court and the recorder's office. As for a good asset finder, I am sorry I do not use them and can't recommend one.

Asker

Posted

Thank You Again! Very Helpful! The day I received my judgment I filed Abstracts you mentioned in the two counties he has property in. I appreciate your continued responses.

Posted

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.

Asker

Posted

Thank You! I appreciate your response very much.