Serve supplemental proceedings Subpoena out of state? Uniform Interstate Depositions and Discovery Act (“UIDDA”)

[quincy]

Agreed, with the caveat that hiring a professional has a cost, and a big part of the decision therefore is a cost/benefit analysis so it makes sense to explore less expensive self help options first before going that route.

I think a professional is worth the cost because I disagree with what you wrote earlier and you disagree with what I wrote earlier.

 

[Taxing Matters]

I think a professional is worth the cost because I disagree with what you wrote earlier and you disagree with what I wrote earlier.

Well, though you've still not said directly (for reasons I can't figure out) what exactly your disagreement with me is, I take it your disagreement is based on your subsequent post stating:

Permission to access a person’s credit report is needed but for the people and the reasons outlined in the link I provided.

Let me point out a couple of things. That post you linked is not the law nor is it provided by an agency that enforces the relevant law (the FTC or CFPB) and moreover, the listing of permitted access to credit reports provided in that link is not complete. I linked the FTC print of the actual statute and cited the actual law to support that in fact credit reports may be accessed by creditors seeking to collect debts owed by the consumer. But in case the rather brief statutory language isn't convincing you, perhaps a statement from a court will be better:

A consumer reporting agency must have a permissible purpose when it furnishes a consumer report. § 1681b(a). A reporting agency may furnish a consumer report to a person who “intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the ... collection of an account of, the consumer.” § 1681b(a)(3)(A). In other words, obtaining a person's consumer report in the course of attempting to collect the persons's debt is considered a permissible purpose under the FCRA.​

​

Smith v. Encore Cap. Grp. Inc., 966 F. Supp. 2d 817, 823 (E.D. Wis. 2013)(bolding added). Maybe that will resolve the disagreement?

 

[quincy]

I posted a link to Utah’s law.

Was it a credit transaction that led to the judgment?

TheQuestion has a judgment and he is trying to locate the debtor for a debtor examination - and he potentially could get a court to compel someone in Utah to appear. But right now, TheQuestion does not know if the debtor is in Utah, and he does not have authorization to access credit reports, unless the judgment was the result of a credit transaction.

 

[Taxing Matters]

I posted a link to Utah’s law.

I see that. And it too allows for use of a credit report to “collect on a financial obligation owed by the consumer to another person”. Utah Code § 13-45-203(1)(a)(ii)(A)(II).

TheQuestion does not know if the debtor is in Utah, and he does not have authorization to access credit reports, unless the judgment was the result of a credit transaction.

And what are you relying upon to say that he does not have authorization to access credit reports? Both the FCRA and the Utah Code allow a person collecting a debt from a consumer to access the consumer's credit report (and that would include a creditors other than just those that are owed money from a transaction the consumer initiated with the creditor, as neither law imposes that limitation).

 

[quincy]

I see that. And it too allows for use of a credit report to “collect on a financial obligation owed by the consumer to another person”. Utah Code § 13-45-203(1)(a)(ii)(A)(II).



And what are you relying upon to say that he does not have authorization to access credit reports? Both the FCRA and the Utah Code allow a person collecting a debt from a consumer to access the consumer's credit report (and that would include a creditors other than just those that are owed money from a transaction the consumer initiated with the creditor, as neither law imposes that limitation).

Is the judgment from a consumer debt arising from a credit transaction?

The different courts in the different Circuits have not agreed on who is permitted to access a credit report or what is a permissible reason to access one.

I recommend that TheQuestion consult with an attorney in Utah for advice and direction.

 

[TheQuestion]

You gave permission for Comcast to access your credit report. Permission to access a person’s credit report is needed but for the people and the reasons outlined in the link I provided.

Did your judgment arise from a credit transaction?

Here is a link to the Utah law exceptions to disclosures: https://casetext.com/statute/utah-code/title-13-commerce-and-trade/chapter-45-consumer-credit-protection-act/section-13-45-203-exceptions

"the purpose of the credit report is to: ... " collect on a financial obligation owed by the consumer to the third party requesting the credit report; "

I am pretty sure debt collectors have access to this information.

I have a judgement signed by a Judge. Why would information be off limits?

I actually don't care about his credit report just information to help collect the judgement.

As far as comcast goes, they told me that extending me service before money has been paid was a form of lending in their eyes which may be how they justify the credit check.

My old company used experience data to satisfy the " know your customer" aspect of the patriot act instead of demanding ID from each person like a teenager trying to buy alcohol at a gas station.

We felt it was less intrusive to verify this way however that was a number of years ago so maybe it has changed. It did not have to do with credit.

In any event, these credit reporting agencies are like a private sector version of the NSA . They get their hands on a lot of information about every person.

My company did provide him with services which he did not pay for.

Sometimes you have to roll up your sleeves and get your hands a little dirty.

 

[TheQuestion]

Disagree with what, exactly? How much experience, if any, do you have with using credit reports to collect debts? I have a fair bit of that experience. From that experience I can attest to just how useful they can be for collecting debts. Indeed, that is the reason debt collectors find those reports worth paying for.



There is certainly a lot of good information in there. But given how much information is there, it gives me no clue as to what your disagreement is. That said, looking it over there is nothing in there that is inconsistent with what I've said. The Fair Credit Reporting Act (FCRA) does allow a credit reporting agency (CRA) to provide access to consumer reports to, among others, those that that intend to use the report for "collection of an account of" the consumer. 15 U.S.C. § 1681b(a)(3)(A). So while that link you provided didn't expressly mention that, the law itself certainly does. The page you linked also did not mention that consumer reports may be disclosed due to a court order, but the FCRA expressly mentions that too in 15 U.S.C. § 1681b(a)(1). So that backs up all the facts I provided about access to consumer reports.

Now, while the law allows the CRA to provide that disclosure, it does not mandate it. So the CRA could refuse to provide it and not violate the law. Nevertheless, that is something that those services provide. I think that the off shore customer service rep the OP talked with isn't used to fielding calls from creditors seeking access to consumer reports for debt collection purposes. The OP needs to find the right avenue to sign up as a member to the credit bureau to get access to their system for that.

I think you are right because he kept demanding to know my full name and social security number to " protect the account" I feel he was use to talking calls of consumers trying to fix an error on their credit ratings. This was not the right department to address this issue. Its like trying to collect a judgement against McDonalds Corporate and asking the cashier at a local restaurant to pay it. This person will probably be confuse by the situation and think they are being robbed.

I am almost certain that professional debt collectors have access to this information. However I don't wish to sell my judgement for a few cents on the dollar.

Thanks.

 

[quincy]

"the purpose of the credit report is to: ... " collect on a financial obligation owed by the consumer to the third party requesting the credit report; "

I am pretty sure debt collectors have access to this information.

I have a judgement signed by a Judge. Why would information be off limits?

I actually don't care about his credit report just information to help collect the judgement.

As far as comcast goes, they told me that extending me service before money has been paid was a form of lending in their eyes which may be how they justify the credit check.

My old company used experience data to satisfy the " know your customer" aspect of the patriot act instead of demanding ID from each person like a teenager trying to buy alcohol at a gas station.

We felt it was less intrusive to verify this way however that was a number of years ago so maybe it has changed. It did not have to do with credit.

In any event, these credit reporting agencies are like a private sector version of the NSA . They get their hands on a lot of information about every person.

My company did provide him with services which he did not pay for.

Sometimes you have to roll up your sleeves and get your hands a little dirty.

Although you have a judgment and are attempting to collect on it, you are not a “debt collector” as defined under the law.

 

[Taxing Matters]

The different courts in the different Circuits have not agreed on who is permitted to access a credit report or what is a permissible reason to access one.

I'll grant you that, broadly speaking, the courts do disagree on the application of some parts of the FCRA.

I recommend that TheQuestion consult with an attorney in Utah for advice and direction.

On that point I agree with you.