Legal Question in Credit and Debt Law in West Virginia
Collecting a civil judgement
I recieved a judgement against an individual for a substantial amount of money. Am I entilted to a consumer report on this person to collect? How does the judgment get reported to credit agency?
2 Answers from Attorneys
Re: Collecting a civil judgement
A consumer report is not going to do you a whole lot of good. That is only going to describe their credit worthiness. Further, as an individual, you cannot report this to a credit agency. Only business debts can be reported. There are collections procedures that you need to follow, both at the State and Federal level, to collect on a debt. It is best to have an attorney perform the collections because if you run afoul of the collections laws, the debtor might be able to sue you for a violation of those laws.
Re: Collecting a civil judgement
A person is not _entitled_ to a consumer report for any reason outside of a legitimate business need. In this circumstance you may be able to pull a credit report. But you must need information in the credit report to help you collect. You can't get a credit repoirt just because you want it.
You should hire an attorney to handle the collections matter for you. There are numerous instances where you can run afoul of the law and either ruin your chances of collecting.
Regards,
Roger Traversa
email: [email protected]