MUCH talk on lawasuits & violations

Discussion in 'Credit Talk' started by ohnostuck, Aug 27, 2002.

  1. ohnostuck

    ohnostuck Well-Known Member

    Is ANYONE going after these people??? It does not matter what violations you have on them if you are not going to do anything about it. I am just wondering who has active cases going right now. I currently have 2. One with my landlord (the sheriff tried to serve him yesterday, she would not accept) and The Bureau, Inc still waiting for date.
     
  2. LKH

    LKH Well-Known Member

    What do you mean he wouldn't accept? What gives him a choice. He is being sued. If he doesn't want it, they drop it at their feet and tell them they are served.
     
  3. jambe

    jambe Well-Known Member

    This is a GREAT question!

    I very much want to go after several places for violations, but am floundering when it comes to how I should go about it. I have read my small claims rules and it seems I need to have monetary damages. I am not prepared at all to go into district court.

    I wonder if a legal services plan atttorney would do FCRA and FDCPA cases...
     
  4. ohnostuck

    ohnostuck Well-Known Member

    No LKH, I am not suing his wife. I am suing him. She had nothing to do with my lease (as a matter of fact I think that they are legally divorced). I was told by the sheriffs office that someone other then him can in fact decide not to accept. The Sheriff was real nice when I called today and told me that he will try again tomorrow before he leaves for work. After that they send certified mail. This doesn't really bother me...if he does not show up on Sept 26th he will get a judgment :)

    BTW I really am curious who has what going on with who, if that makes any sense! I see TONS of posts of people collecting violations but not many on actual suits. Details would help us all! I sure hope that I win this. I just checked for airfare and it is a little over 500.00. I did ask for my airfare/lodging in addition to the 2300.00 he stiffed me for. My suit btw with The Bureau, Inc is filed and I am just waiting on the date.
     
  5. uniondiva

    uniondiva Well-Known Member

    I won default judgement on exp in May of this year....prepring now to file on two ca.... my plan was to file these two lawsuits in July, but i ended up having surgery (okay now, btw) and just through my timing off....

    in my state, any corporation has to represented by an atty in small claims... so these lawsuits ($40.00 to file, both accounts less than $100) will become more expensive to them than to me.

    I offered to pay for deletion, but they did not respond.
     
  6. picantel

    picantel Well-Known Member

    How much did you take exp for? I have only filed one time and they called already to settle. For me it is not about the money- it is about treating people with respect and not like crap and obeying all the laws. All the rest of the people I have dealt with have folded because they got the picture that I do not bluff. If they try and fight me I gather my evidence carefully before I file. With the UCB case alone I spent over 20 hours preparing my case and they cracked with 3 weeks left. If I ever get a call from Camco though I will have no mercy and will never let them off the hook. I am still trying to figure out why I let Rma off the hook but if they ever call again they are toast. I am waiting for the deletion papers from UCB to sent to experian. If they give me a hard time I will file on them. When I asked them for a UDF they told me to go to court and subpeona them for it. That sounds like a challenge to me. I honestly do not think they even investigagte anything because the investigation was for UCB and experian said they verified- during a lawsuit huh?
     
  7. whyspers

    whyspers Well-Known Member

    I have a pending case right now against Experian in federal court and yes...I am holding them accountable.


    L
     
  8. nugentk2

    nugentk2 Well-Known Member

    I am currently waiting for Bof A to send me a settlement check for an inquery and the same for Wells Fargo. I am also activly posting a currently ready to go lawsuit that is waiting for your eyes to critique. The string is "intent to sue - a little long" I am also planning on going after TU for sure on this one as they just continued to give me a hard time.

    I would really like for you all to give me your two cents and this seems to apply to your post about lawsuits and violations.
     
  9. SCMomof5

    SCMomof5 Well-Known Member

    Counting the violations and pointing them out to the CA or CRA is, at times, to accomplish the goal of deletion.

    I have sent intent to sue to EXP. I was then placed in their special handling dept. I am giving them 30 days to comply then I will file the lawsuit.

    I have a CA that I sent the intent to sue letter to, in addition to reporting them to the FTC, BBB, AG of TX, AG of CO, and the OC (told OC that in the state of TX they are liable for retaining a CA that violates the law... added the PS that although the debts are past SOL and I do not believe they are mine, I offered to pay the $170 (3 accounts) in exchange for deletion and they refused. That should tick off the OC that they could have had their $.

    I am making the CAs life as miserable as possible. Sent 1 validation to the CA. This was before this site, so I made the mistake of not sending CRRR. I needed the back up of proof, so I sent 2nd validation letter CRRR and cited and enclosed the original letter. No response and they are still verifying. Sent intent to sue. They now have 7 days left.

    Just getting all my ducks in a row! :)
     
  10. ohnostuck

    ohnostuck Well-Known Member

    Right on!!! We should have a "stuck thread" relating only to lawsuits. I think a seperate area would be awesome for this. I will send a request to PBM in feedback and see if he feels like responding, he has never yet..LOL
     
  11. susitna

    susitna Well-Known Member

    I am on my second round, the first called upon being served, they offered to pay court costs plus a little extra for my time and removal of the b.s. account.

    The second was just served last week, The CA probably won't settle so I am preparing to see this through the long haul.

    The first was filed in small claims, the second has been filed in Superior. I have found that I am able to supeona the O.C., subscription agreements btwn the CA and the CRA, contracts, emails etc. the discovery process will hurt this company especially the request for admissions.

    I am also including violation of state laws in addition to FDCPA and FCRA violations. The judges seem to understand the state laws better and the statutory damages are far greater and easier to prove.

    Although I am not a litigious "Nutcase" I have given these companies every available opportunity to correct their behavior, I am finding that this is very interesting and through this board and others I am learning more and more everyday.
     

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