Hi Everybody, Went to court today. I will go into great detail, then I will end my life as Casey B Jones and come back as someone else. I'm doing this so people can verify my post as true. My name is Jefferson Burns and I filed a small claims case against Trans Union and Equifax in District Court, Bonner County Idaho. My case was dismissed today without prejudice because the Judge wanted me to prove that she had jurisdiction to try the case and I could not. If your going to go to court, be prepared. While I had my paperwork all in order, I didn't know the actual code well enough to argue why the case should be tried outside of Federal Court. I tried the "it's happening all over the country" and " Because the violations took place in this county you have jurisdiction". Neither of these arguements worked. She has asked me to file a "brief" explaining why she was allowed jurisdiction, so I need some help from all of you legal types out there to find the precedent necessary to create said brief, and then I will refile. Now the fascinating part: Both Trans Union and Equifax sent a representative from Los Angeles and Atlanta respectively to represent them in court. The gentleman from TransUnion was: Steve Reger - Manager Fraud Victim Assistance Department P.O. Box 6790 Fullerton, CA 92834 Telephone 714 680 7243 email: sreger@transunion.com He actually tried to tell me that they are required by law to report what ever information the creditors give them, even read a section of the FRCA. Well while he was reading I didn't hear that they were required. I heard that they could, not that they must. He tried to get me to admit that they were my debts. What they don't realize is there are 3 Jeff Burns's in my small county. He was ok, but he acted like I was just doing this to get out of debts I owed? He kept talking about how they make sure the information was correct and how it would hurt the integrity of their database if they didn't. The problem with TransUnion is the credit report they gave me still has me 30 days past due as of 3/2002 for a bank Net First Bank that was closed in Feburary by the FDIC. They have also erased all but one of some 20 collections. So much for integrity of their system. The gentleman from Equifax: Maynard D. Bryant Supervisor - Office of Consumer Affairs Equifax Information Services, LLC. P.O. Box 105139, IMC 67-P Altlanta, GA 30348 (404) 745-7941 FaX (404) 745-7954 maynard.bryant@equifax.com This gentleman was very pleasant, but he was also talking about the integrity of their system. Some 20 accounts that were not correct were taken off of my credit report. My birthday is still incorrect. It has a name of Jeff Graham on the report. It has an 05 from Gulf State Credit who sent me a letter stating that the account was no longer valid. It has 3 collections that have been erased from the other credit reports. Ok Question #1 : What does it mean that they sent representative to court instead of trying to call and settle. I mean why do they care what is on the reports? I don't get this...... I would imagine however that they can't continue to do this it would be way expensive to fly a manager around the country representing these cases in court. Question #2: Can I get some help on the brief. I'm debating taking this to District or even Federal Court since I live in the 9th Circuit Courts jurisdiction and they have ruled that I can recoup attorney fees, and the violations are still so blatent. Question #3: How about a class action law suit? We must have a laywer or 2 watching the board, and we certainly have a base of users with complaints. I thinkit's time that these folks realized that they are messing with peoples lives, and that they need to make absolutely damn sure that the person owes the debt before they report it. I think we really need to go after collections first!!!! This is the worst part of the credit game. Someone says you owe it therefore you do. Late pays, charge offs, ect are more easily verified, and if your late, well your late can't say much about it. Questions, Comments? Casey B Jones (geeze and I really liked that handle) PS I'm still loooking for the address and phone number of Experian's legal counsel, could somone get that to me, please?
Regarding jurisdiction, I used the following in small claims....it worked... Choice of Venue Explanation: F â?? Other (per FCRA § 618 or 15 U.S.C. § 1681p) The filed claim is a result of violations contained within the Fair Credit Reporting Act (U.S. Code). Therefore, citing Section 618, this venue is the appropriate jurisdiction. A copy of Section 618 is stated below: Fair Credit Reporting Act â?? Section 618 § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
Hi Lizardking! Does anyone have the actual section number and has anyone else had to prove this and how? I thought she read a section where she said that the Plaintiff could file in U.S. District Court or any competent jurisdiction, but she didn't feel she had jurisdiction. Yes I sent both a please remove because I sent estoppel letters and no one has verified and I sent after that a settlement letter (with all of the appropriate paper work) after I filed suit and they had answered the suit. I sent the paperwork to both of their legal counsels. I talked with the legal counsel of TU on the phone but I had to call them. I would have called EQ but they didn't include their phone numbers. Neither contacted me. CBJ
§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] Regarding under $5000...that's just the rule regarding small claims (in my county, at least).
Hi! She read this in court... so help me out all you legal types.... what does "or in any other court of competent jurisdiction" mean? She seemed to think her jurisdiction isn't competent or something. How is "competent jurisdiction defined" so I can state it in the brief. CBJ
If you're looking for an atty, David Szwak is one of the best fcra attys out there. http://www.bjslaw.com/ If he's not licensed in your state, he'll work with a local atty on your behalf. It sounds like you have a good case. Good luck.
Your case could have been handled by a Federal OR Small Claims (in this case) depending on the nature of the charges/claims you submitted. You weren't looking for a criminal trial; You weren't looking for monetary rewards in excess of $10K; etc... By your judge's response...I don't think SHE was competent...what an idiot... "Competent" refers to the "category" which your claim/charges fall under. I mentioned them above...ie. criminal? more than $5K? seeking an injunction? etc...
Casey...this is important...did she say WHY she was dismissing it? I mean...did she dismiss it because of the amount in controversy...or because she felt that only district court had jurisdiction because it is a question of federal law? Did she say anything other than show me how this court has jurisdiction? L
Gheesh! Well it looks like she didn't want to have anything to do with this case. I'm on my way to talk with an attorney at this point. Looks like I will need to raise the stakes a bit. I will file in District Court, that way if she acts like an idiot again I'll have the right to appeal. I sued for $4000 which is the legal maximum in Idaho. She stated that she could only preside over Idaho state law, no jurisdiction over Federal law. Any comments on the fact that both the CRA's sent someone from their home office? Also still waiting for the address and phone # of Experians legal counsel. I want to take the advise to send a settlement letter before I sue, but when I send it to the EQ main address it gets lost and I get a form letter. CBJ
Sorry to post twice...but here's what I was able to find on short notice. The below case was on appeal in the Michigan court system, but regardless, looks like state law determines a court of competent jurisdiction and is a matter of law subject to review. "The statute is plain and unambiguous; it does not specifically grant jurisdiction to a state circuit court, but a court of competent jurisdiction. If the plain and ordinary meaning of statutory language is clear, judicial construction is generally neither necessary nor permitted. Sun Valley Foods Co v Ward, 460 Mich 230, 236; 596 NW2d 119 (1999). Claims involving the FCRA may be brought in state courts. Broom v TRW Credit Data, 732 F Supp 66, 69 (ED Mich, 1990). A court of competent jurisdiction would be determined by the law of a particular state. In Michigan, circuit courts have original jurisdiction over civil claims except where exclusive jurisdiction is given in the constitution or by statute to another court. See MCL 600.605; MSA 27A.605. However, MCL 600.8301; MSA 27A.8301 provides district courts with exclusive jurisdiction over civil claims when the amount in controversy does not exceed $25,000. Consequently, the circuit court did not have exclusive jurisdiction over plaintiffâ??s FCRA claim and did not improperly deprive plaintiff of jurisdiction." The statute referred to is 15 USC 1681p. L
It was weird, she quoted the section that has been posted in this thread and then said that she only had jurisdiction enforcing Idaho law. I told her that it was my understanding that since this was a consumer protection law, where most consumers are lay people, that congress when enacting the bill allowed for people to sue in their own jurisdictions. since I didn't know then (thanks to this board I do know now) what "competent jurisdiction" meant, I couldn't argue. I told her that I would refile, she told me that I would have to file a brief along with my petition and she would hold a jurisdictional hearing over the phone so EQ and TU wouldn't have to come out again. CBJ
Thanks Marie! I will contact him and will keep everyone informed. If I get my due, drinks will be on me during the next gathering. CBJ
I had the same thing happen to me in my case with the experian affiliate. I filed in small claims and they filed a motion to bump to federal ct. I filed an objection based on rule 618. My objection and motion were denied because the FCRA states it MUST be heard in federal ct. When I asked to speak to the judge I was told he wasn't available, to just write him a letter. It turns out I didn't need to push it any further as we settled out of court. Small claims judges in Arizona are elected and don't have to be lawyers to win election. So obviously some of them have no clue what they are talking about.
Do you have the address and phone number of who you talked with at EX? I've been trying to get that for sometime and can't seem to get it posted. Who did you talk with? CBJ
CBJ...didn't Experian file an Answer to your Complaint? Usually the attorney signs the Answer. Then again...if you filed in Small Claims, I don't know much about how that works. I'm waiting for them to file their Answer so I'll know who to speak with regarding settlement. L
Carla Blair (aka the EXP bitch... she's not going to do anything to help a consumer or apply the law, just an Experian redtape lover) Experian fax numbers carla blair, Specialist Consumer Affairs Special Services 972 390 4010 direct dial 800 322 3162 ext. 4010 http://consumers.creditnet.com/stra...id=52748&sortby=lastpost&sortorder=descending
I didn't file against EX because of advise I recieved on this board. I think it was Doc who said if he had it to do all over again he would sue TU and EQ and contact EX before filing, for the same reason as LHK, they bump up the suit to Federal Court. Both EQ and TU responded to the claim with an answer that included their addresses, and in the case of TU a phone number. Neither contacted me, but I did contact TU.... and they still have it wrong. BTW everybody.... if your going to do this,you better brush up on the statutes themselves. I hate reading laws, so I didn't study the way I should. Next time I will be more prepared. CBJ
Well...they can't bump it up on me...lol. I filed in Federal Court. I think that's an intimidation tactic on their part. L
I'm sure it workd, hell I was intimidated to go to Small cClaims, and for good reason. Too bad the judge didn't know her job, but she will be seeing me again. CBJ
Yeah, I was intimidated initially, too, but after I got through the metal detectors in three different areas of the Federal Courthouse and actually got the Complaint filed, I felt a huge rush...lol. Not intimidated anymore! LOL! The second one was much, much easier. L
