Ca Question (midland)

I forgot it was paid i fell asleep at the wheel.If you prove fcra,and other's then you have a lawsuit strong letter might remove it.

 

I don't work for Experian (or any other CRA), but so far as I've read, the verification process goes like this:

1) customer disputes something with the CRA.

2) CRA sends a fax (or maybe an e-mail, these days) to the creditor or collection agency with the data they have on file and ask them to review this for correctness and return it indicating if the information is complete and, if not, to include the corrected information.

3) the OC/CA then checks the information and returns the form accordingly OR they ignore it and toss it in the trash.

4a) If the CRA gets it back, they make any necessary changes and mark the account as having been verified.

4b) if the CRA does not get it back after 45 days (30 + some fudge factor), then they delete the account (actually they just mark it as "don't report." They don't delete (as in dispose of) anything).

5) If it has been verified, and you request re-investigation, they tend to drag their feet on this unless you have additional information that wasn't included in the original request (in which case they drag their feet just a little less).

6) After the second request for verification, any future requests are just tossed into the virtual trash can and ignored.

IMO, your best course of action would be to sue the CA for improper reporting of the account (but you should check on the FCRA first). You'd have to do it in a court that allows non-monetary (injunctive?) relief so that if you won, you could have the court order them to report it correctly, on top of any monetary damages.

Clearly, if you've asked for verification twice, the CA has had two times to correct the data and apparently has failed to do so. I would expect suing Equifax to be less productive. I suppose you could name them both, however Equifax is just going to say it's reporting what the CA told them to report.

IMO, your best place to have a trial would be in Federal District Court. However, if you don't think it'll go to trial, then you could file in your local Superior Court. The good thing about pursuing a federal case is there is a lot of case law available online (for a small fee) to help with your research if you want to file pro se. A federal summons is likely to attract some attention, however, I got enough attention from my small-claims summons, so it would seem that a summons is a summons in that it will require someone from the legal department to look at it.

 

The report showing that it is 120 days late. Is that a report directly from Equifax, or some sort of trimerge?