Going to court in a few hours HELP!

Hi Everyone,

Sorry for the delay, but I only had a couple of hours to celebrate before having to rush my 4 year old to the hospital in Spokane (90 miles). Just got home yesterday. Nathan is fine, but I'm here to tell you that the movie John Q isn't that far off when dealing with the medical establishment.

Got to court on Tuesday and Equifax was ready to settle. I got all of the negative information off of my report, and I didn't have to sign any papers. In fact I asked the judge to dismiss without prejudice, so if Mr. Byrant doesn't do what he said he would, I can refile and drag his butt back out here.

Funniest moment. Mr. Byrant and I were standing outside and he said he was really sory, that all of this could have taken place over the phone, but on the day called he was in a really bad mood (probably from all of the calls and emails from you guys) and when he realized that he really didn't want to go to Idaho again he couldn't call me back. I looked him straight in the eye and with my best deadpan I said, that's because thephone number you have in my credit file is incorrect. Oh and could you change my birth day also, your showing my wife's.

As far as cramming. Actually I took several days to get my act together and I was waiting for input from LizardKing, but as he explained earlier in this post he was tied up. I also took his advice and didn't post in case Mr. Byrant was monitoring the board, and I didn't want to give him much of a chance to create a defense.

Fact is I was well prepared to go into court, the only mess up I had was I missed the posts on having an actual credit report that a creditor had seen rather than one from Privista or Credit Expert. That could have been a problem, and that is why I settled instead of going for the money. I also was a little shaky going for damages in small claims, I probably had a better chance in district court, and next time I would probably file there and have an attorney help me. Especially since the 9th Court of Appeals has stated we can get reasonable attorney fees.

I always got A's on tests and I was a crammer. This time I took 5 days and had a briefcase that was full of case law. BTW..... I used Cushman vs. TU which Mr. Byrant was very fimilar with, however what he wasn't ready for was I had the job openings from Monster.com in my brief case showing that they did the same thing TU did. Go get them now, they are very powerful considering the Appeals court specifically mentions them in Cushman vs. TU.

Finally I found Mr. Byrant an extremely pleasant man to deal with. He would be someone who I could play golf with if the circumstances were different. If you deal directly with him, I would suggest not coming across as someone who is just out to get the negatives off of your report. ave your proof ready and I found him to be extremely reasonable.

CBJ

 

I want to emphasize this point. DON'T TRY TO BLUFF!!! GO IN WITH ALL OF YOUR FACTS STRAIGHT AND THEY WILL WORK WITH YOU. iF YOU DON'T.....THEY DO THIS ALL THE TIME AND YOU WILL BE EATEN

CBJ

 

Try:

http://www.proselitigant.net/wwwthr...umber=10&page=0&view=collapsed&sb=5&o=0&part=

If that doesn't work goto www.proselitigant.net, click on message boards (it will open a new window), click on case law, and you'll find the link there.

CBJ

 

I understand that was your experience, but that was some time ago and they did not do that this time. I think they have changed their tatics and that could explain why there is a discrepancy between my experience and yours.

I offered several times to settle for deletion over the phone and they declined, and showed up in court. I don't know why, but that's what happened.

CBJ

 

bump

 

Not that bad, but I did get a $50 bottle of champagne from one of my customers, and since I had a crisis I plan on opening it with my lovely wife tonight.

Tomorrow car shopping. Next month mortgage.

CBJ

 

Re: Going to court in a few hours H

Words of advice, when you win go for the $15 bottle of champagne. Tastes the same as the $50 bottle, just not as pretty a color. <smile>

Personally I skipped the intent to sue, filed and sent them a letter that allowed them one chance to get a hold of me and settle.

CBJ

 

Re: Going to court in a few hours H

It was Lizardkings post that I followed. I saw no reason to waste my time with them, it had been long enough.

although I followed LizardKings post exactly I had a much different result than he did. I got to talk to Maynard afterward and he is in upper management and a graduate from Duke University. He has to be makeing close to 6 figures a year, and why they would send him all over the country defending small claims suits is beyond me.

CBJ