Question: The Credit Store received my intent to sue on 8/16. I gave them until 8/31 to delete or I file. In your experience, when the ca's have responded to intent to sue letters, how long on average did it take for them to respond after receiving the letter? Before the deadline? 1 week? 2 weeks? Thanks
Looking back at the letters I had I gave them 5 business days to respond, they were pretty much on time.
I did a two week letter and followed up with a fax with a 48 hour deadline. the fax worked like a charm.
The Credit Store responded one day before the deadline. They said they stand behind their entry on my credit report. They still ignored my request for validation. They sent no documents whatsoever, simply a credit card agreement that was supposedly sent in the envelope when I supposedly received their credit card. No signed application, no billing history nothing. They still have not marked the account as "in dispute" on my credit reports. I have received the forms from Small Claims Court and I am filing on Thursday. My only question is how much do I sue for? In NYS you can sue for up to $3,000 but the limit for biolations is $1,000 per lawsuit. Also, on the small claim form there is only an entry for amount cliamed where you fill in the dollar amount. There is no space to ask for deletion of the tradeline from my reports. In fact there is only one line to write your reason for your claim. There are check boxes but none of them apply to my situation so I will have to use the one line provided. Should I just say multiple violations of the FDCPA and the FCRA? Please Advise
I would sue for the maximum, since the judge will ultimately decide what you get. My small claims forms are the same way... I would list " multiple violations of the fair credit reporting act and the fair debt collection practices act. " You may have to ask for deletion during the court hearing itself, or for "injunctive relief" otherwise you can end up with monetary damages without mandatory deletion ( believe me, been there, done that!)
UnionDiva: Can I just insert the request for deletion under the amount cliamed? Probably not. Also, what is injuctive relief? And how and when do I bring up the deletion with the judge as this is the main reason for me going to court.
In the reason you are suing box or line, you can always put "see attached complaint" and attach your own complaint to the back. That way you can spell out exactly what you want.
In layman's terms, injunctive relief is when you ask the court to make the other party do something as opposed to just giving you money.
Ok I have the form filled out. Anybody have a link to the 48 hour intent to sue fax letter? I can't seem to locate it. Also, does anyone have a fax number for the Credit Store?
Robin, You can ask Christine (Bayhouse) for the Fax Number or other info if needed, I know she has successfully dealt with them.
