i'm in the process of suing sears and bank of america. just wondering, which division i should sue: the sears credit office is in cleveland, ohio, but the headoffice is in chicao, illinois. also, i have never been able to get a person's name or ph# at eithe rof the 2 companies. do i just pick a high officer, vp or someone to sue alongside the company? i'm not sure how wise it would be for me to pick the ceo ;-). even though they might just get so annoyed and want to get rid of me, but do you think that might backfire on me more than i might be ready for? what do you think?
check the bbb website to get a name of the ceo or president to address the lawsuit to. are you suing in small claims or federal court..... just find the registered agent for them in your area and have them served via the registered agent.
thank you, diva, it'll be small claims court i did find a name of a financial officer at sears, but i'm still not sure about the local registered agent. have looked at the bbb site, but they only have 1 sears in atlanta with a p.o.box, no name, no ph#. do i need to use that address and serve them via crrr? i did find a local bofa address and contact person.
waalien, any kind of help would be appreciated. i'm in atlanta, georgia. am suing them for violations of fcra sec 616,willful non compliance, sec 623 (a)(1)(B)(i) reporting of information after notice of errors, sec 623(a)(3) duty to provide notice of dispute. they totally disregarded any request for validation and, in fact, validated the tradeline with experian during the 30-day period.
You probably don't want to sue them personally, since they are a corporation. You can serve them through their registered agent. Also, keep in mind that they are not required to validate. If they are reporting incorrect info...you can sue them base on that, but you can't sue them for not providing validation. L
Couldn't edit Here's the info for Sears: Sears, Roebuck and Co. is a New York corporation with its principal office or place of business at 3333 Beverly Road, Hoffman Estates, Illinois 60179. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) SEARS, ROEBUCK AND CO. ATTN: SECRETARY 3333 BEVERLY ROAD HOFFMAN ESTATES, ILLINOIS 60179-0002 Chairman or Chief Executive Officer ARTHUR C MARTINEZ 3333 BEVERLY RD HOFFMAN ESTATES, ILLINOIS 60179-0002 Principal Executive Office SEARS, ROEBUCK AND CO. 3333 BEVERLY RD HOFFMAN ESTATES, ILLINOIS 60179-0002 Registered Agent NONE
whyspers, now i'm confused, i thought they're supposed to validate, if required and that the ftcgives a guideline of 30 days in the letter from lefevre. what about willful noncompliance and what about duty to provide notice of dispute
Original creditors are not bound by the FDCPA (which is where the validation part comes in)...they are bound by the FCRA preventing them from reporting inaccurate information. You can't sue an OC for not providing validation, but if you can show that they are reporting incorrect information, it has been seen by someone other than yourself and has caused you damages, and they have refused to correct it, then you can nail them. If you haven't read Nelson v. Chase Manhattan...its a good read. Hope this helps! L
varinia An original creditor is not required to validate. Only a CA is required to validate under FDCPA. fla-tan
oh, no, and here i thought i was so close to having a good middle score, except for those 2. oh, well thank you
