Litigation

roybean · 01-31-2008, 05:05 PM

Correct me if I a wrong?

A entity cannot pull your credit report for the purposes of litigation, correct?

I believe I have a case stating this, but can't remember what case it is.

jlynn · 01-31-2008, 05:10 PM

You are correct - check with Enigma I think he knows the case cite.

hannah · 01-31-2008, 05:26 PM

It's Bakker v McKinnon. Attached. There are others as well. If you want, I can Shepardize it for you.
Edited to add: I am attaching the Lexis version of it as well as the Shephards.

centex · 01-31-2008, 05:48 PM

Bakker would tend to suggest that much will depend on the rationale for the pull. In Bakker, the reports were pulled for questionable reasons and there was no identifiable relationships between the parties other than Plaintiff/Defendant.

hannah · 01-31-2008, 05:58 PM

Quote:

Originally Posted by centex

Bakker would tend to suggest that much will depend on the rationale for the pull. In Bakker, the reports were pulled for questionable reasons and there was no identifiable relationships between the parties other than Plaintiff/Defendant.

Some of the other cases though that it was cited in were for typical debt cases and it was upheld as good law. The pulls can come from the Plaintiff if BEFORE litigation and for demonstratively collection purposes BUT not for and only for litigation of that debt and not after suit has been filed.

roybean · 01-31-2008, 06:04 PM

Quote:

Originally Posted by hannah

Some of the other cases though that it was cited in were for typical debt cases and it was upheld as good law. The pulls can come from the Plaintiff if BEFORE litigation and for demonstratively collection purposes BUT not for and only for litigation of that debt and not after suit has been filed.

Which ultimately means that you can't be forced to pull your own credit reports for litigation either, right?

hannah · 01-31-2008, 06:31 PM

Quote:

Originally Posted by roybean

Which ultimately means that you can't be forced to pull your own credit reports for litigation either, right?

That depends...what are the circumstances? For example, if you are suing for FCRA violations and a credit report is needed as evidence, well, sure the other side is entitled to see it. Can THEY pull it, no. But you may be required to if asked in discovery or in an informational subpoena duces tecum. You can always object and let the judge decide however.

roybean · 01-31-2008, 07:25 PM

Quote:

Originally Posted by hannah

That depends...what are the circumstances? For example, if you are suing for FCRA violations and a credit report is needed as evidence, well, sure the other side is entitled to see it. Can THEY pull it, no. But you may be required to if asked in discovery or in an informational subpoena duces tecum. You can always object and let the judge decide however.

Ofcourse you have to produce reports, but there is a limit on what is discoverable.

The right of a party to obtain discovery is not unlimited.

Epstein v.MCA Inc.

hannah · 01-31-2008, 07:33 PM

Quote:

Originally Posted by roybean

Ofcourse you have to produce reports, but there is a limit on what is discoverable.

The right of a party to obtain discovery is not unlimited.

Epstein v.MCA Inc.

RB, you still haven't said what the deal is. If they request it and you are making claims of violations of FCRA, they have a right to see it. So are you claiming FCRA violations?

Enigma · 01-31-2008, 08:24 PM

You can pull. file a motion for an in camera review by the judge.

I've pulled my for discovery but heavily redacted it.

centex · 01-31-2008, 08:30 PM

Somehow I am left with the feeling that the claims of the other party are going to be that they are not the sole proximate cause of any damages roybean might have sustained due to report-related issues...

JayinGR · 02-05-2008, 05:08 AM

Quote:

Originally Posted by centex

Somehow I am left with the feeling that the claims of the other party are going to be that they are not the sole proximate cause of any damages roybean might have sustained due to report-related issues...

I had this very issue when I first started litigation in 05. This is a hard one to overcome and unless it could be proven without a doubt that my credit was perfect before its hard to prove damages.

roybean · 02-05-2008, 06:11 AM

Quote:

Originally Posted by JayinGR

I had this very issue when I first started litigation in 05. This is a hard one to overcome and unless it could be proven without a doubt that my credit was perfect before its hard to prove damages.

What kind of damages were you asking for?

apexcrsrvc · 02-06-2008, 03:50 AM

Before you just go handing it over at least object that it is already in the defendant's possession (assuming that it is). If this is a furnisher (which you should have sued the credit reporting agencies as well), then move for an in camera review as Enigma suggests. You will at least be able to redact some items you'd rather not divulge insofar as they may not tend to lead to admissible evidence.

roybean · 02-21-2008, 12:54 AM

Ok, I need any and all cases in which a consumer credit report was pulled in connection with litigation?

roybean · 02-21-2008, 03:33 AM

Nevermind; found a bunch.