Legal Question in Credit and Debt Law in New York

Credit Check by Plaintiff's Counsel

On March 16th, I had a court date Queens County, NY . A claim was filed against me over 6 months ago. The Plaintiff's attorney run a credit check on me the very same day of my appearance in court. In the court room, the court officer called my name, I answered ''Defendant'' as per his instructions, and turned to the judge and said''ready for trial''. A lady, probably from the law offices of the plaintiff came out of the room adjacent to the side of the judge's bench and she said something/signalled the court officer which prompted the court officer to tell me: ''(my name) You may go, Sir. I left the courtroom and went home. Sunday, or 2 days later Experian (CRA) notified me via email of the aforesaid plaintiff's counsel running a credit check on me. Should they request for my permission first? Is this activity legal?


Asked on 3/18/07, 1:31 pm

1 Answer from Attorneys
Stephen Starr Starr & Starr, PLLC

Re: Credit Check by Plaintiff's Counsel

Generally, a creditor may obtain a credit report of a consumer (i.e., credit report) in connection with review or collection of an account of the consumer. Such disclosure is a persmissible disclosure under the The Fair Credit Reporting Act (FCRA).

You can check our website for general information regarding collections and litigation matters generally at: www.starrandstarr.com

For further info about credit reports check out the FTC's (Federal Trade Commisson) website at: http://www.ftc.gov/bcp/conline/edcams/credit/coninfo_reports.htm

and for a summary of FCRA check out:

http://www.ftc.gov/bcp/conline/pubs/credit/fcrasummary.pdf

Nothing in this response to your posting on Law Guru is intended or should be considered as legal advice to your specific situation. Our posting is intended to provided general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Best regards,

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Answered on 3/18/07, 3:22 pm


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