Filing suit

Discussion in 'Credit Talk' started by jesusq, May 15, 2015.

  1. jesusq

    jesusq Member

    Been reviewing and researching a lot on the net on filing suit against the credit companies but it all leads to contact them.

    If I want to file suit myself where and how do you go about doing so?

    I called my Local JP court and they told me that they only file monetary suits. So where do I go for filing against the credit bureau such as TransUnion?
     
  2. jam237

    jam237 Well-Known Member

    All suits are monetary suits, but a local JP typically has the foggiest notion about FEDERAL law. I personally only use a JP level court, if I am counter-suing (and even then I would prefer to keep the FDCPA/FCRA matters at Federal Court).

    First, I am not a lawyer, I don't play one on TV, and I can't provide legal advice.

    That said, check your local Federal Courthouse to see if they have a pleading template to use.

    You don't need a really complex pleading, and their template will show you how to fill everything there.

    You want to be as specific as possible in the suit itself; think of it this way, every example of what we would consider a violation should be listed out, implicitly, some of the worst caselaw for us, came when the plaintiff forgot to include what should be a violation, and left the court try to figure it out.

    For example, on the caselaw against the subsequent CA strategy, the plaintiff forgot to argue that IF it's a false and misleading representation to CLAIM that the transfer or sale of the account would subject the consumer to prohibited activity, THEN it was actually something that WAS prohibited from actually DOING.
     
  3. jam237

    jam237 Well-Known Member

    Oh, one thing that I forgot to include in my original post, to have the strongest case, I would want to make sure that I've done all of the following.

    1) Contacted the data furnisher (although a dispute through the DF isn't actionable, they can't claim that all they knew was the 'code' for the dispute, if they've received a copy of the dispute).
    2) Repeatedly contacted the credit reporting agency, via certified means (mail/fax with transmital receipt).
    3) Have the complete chronology of 1 & 2, with the full letters.

    This makes making the pleading really simple.

    On xx/xx/xxxx, plaintifff mailed to the defendant, DSDA DF, via certified mail, with a tracking number #### #### #### ####; said letter was received by John Doe at xx:xx AM on xx/xx/xxxx.

    Said letter said "To whom it may concern, your company is reporting the following incorrect information on my credit report, and I am demanding that the incorrect information be corrected with the credit reporting agencies."

    etc.
     
  4. Bbiendayer

    Bbiendayer Member

    You need 3 steps
    -hire a attorney
    -follow the rules
    -file the suit.
     
  5. jam237

    jam237 Well-Known Member

    You do not need to hire an attorney, believe me, it's really easy to file in Federal Court. :)
     
  6. Bbiendayer

    Bbiendayer Member

    Yes my friend it is easy, but there are loop holes in the system to cover which makes victim look like a fool so its better to fight with all the information and full preparation.
     

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