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Tracy v. Credit Bureau, Inc.

Court of Appeals of Georgia

April 30, 1985, Decided

No. 69881


 [*668]   [**922]  The instant case arises from the fact that appellant-plaintiff herein was named as the defendant in a civil action filed in the State Court of DeKalb County in 1980. On June 19, 1980, a default judgment in the principal amount of $ 345 was entered against appellant in that action. Thereafter, appellant moved to set aside the default judgment, and on August 28, 1980, the trial court entered an order, with the consent of the plaintiff in the action, granting appellant's motion. On the same day, the plaintiff filed written notice that the action against appellant was dismissed with prejudice.

Some weeks later, appellant applied for but was denied credit. He was told that information supplied by appellee-defendant consumer reporting agency had been considered in connection with his unsuccessful application for credit. Appellant thereupon telephoned appellee.  [***2]  At that time, appellee's credit report indicated that there was an outstanding $ 345 judgment against appellant. According to appellant, he protested to appellee that this information was inaccurate, and explained why. After this telephone conversation, he also sent a mailgram to appellee demanding a "correct credit report showing the judgment against [him] . . . to be set aside and dismissed. . . ." In response to appellant's protests, an employee of appellee called the clerk's office of the State Court of DeKalb County. According to appellee, its employee was told that the judgment against appellant had been satisfied. Based upon this telephone conversation with the clerk's office, appellee then issued a new credit report indicating that a $ 345 judgment against appellant had been "satisfied."

In June of 1982, appellant filed an application for issuance of a credit card. The application was not approved and appellant was informed that this adverse credit decision was based upon two grounds, one of which was "[g]arnishment, attachment, foreclosure, repossesion or suit, collections, judgment." Appellant was also informed that the decision to deny his credit card application [***3]  had been based "[a]t  [*669]  least in part on information obtained in a report from . . . [appellee]. . . ." This report issued by appellee proved to be that which contained the information that a $ 345 judgment against appellant had been "satisfied."

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174 Ga. App. 668 *; 330 S.E.2d 921 **; 1985 Ga. App. LEXIS 1922 ***


Prior History:  [***1]  Action for damages. Fulton Superior Court. Before Judge Williams.

Disposition: Judgment reversed.


credit report, trial court, inaccurate, accuracy, consumer reporting agency, credit information, default judgment

Banking Law, Consumer Protection, Fair Credit Reporting, Consumer Reports, Civil Procedure, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, General Overview, Pretrial Judgments, Default & Default Judgments, Default Judgments, Judgments, Relief From Default, Relief From Judgments