Hi all. I deleted my previous post, because it didn't appear to make any sense and wasn't getting a lot of response. I AM in the process of suing a CA. My questions is to be whether or not I can sue here in MY state of residence based on erroneous reporting. I am fully aware that one can sue on erroneous reporting, but does it have to be an original creditor, or does the same apply to CA's? In essence they ARE reporting erroneous information. I have been in debt validation with them since June 13, and they are in contact, but have come up with literally nothing of value to meet validation process. No signature whatsoever. I just want to make sure before I send my intent to sue on basis of erroneous reporting that I am not incorrect in doing so. Your replies are as always much appreciated.
Ontrack posted a link www.naca.net and ya can find info there that can probably help ya. B4 u sue - make sure all yer little duckies are in a row, and I can see why you wanna be careful Sad how it got this far huh? All they had to do was delete the stupid thing, and now all this, they gonna be sued. Good lucks 2 u!
Thank you for your reply and the link. If I can file here in AZ I know I have them. Thanks for the encouragement. I'll let ya know when I have a case #! I'm a huge fan of Ontrack's posts so I'm sure there will be lots of info there.
hmmm To engage your private right of action.... what lets YOU SUE under FCRA... you need to dispute the incorrect information with a CRA. method: Obtain your mailed to you hardcopy credit report. Mail a written dispute of the incorrect information on the tradeline with the CRA. Send it CMRRR. They will contact the CA/OC/whatever with the dispute, and the idiots will likely verify the incorrect info as correct. You then in writing contact the data furnisher directly and inform them of the incorrect information and the fact your dispute it. Send this CMRRR. Then when you have a reply from the DF, re-dispute with the CRA the information. If verified again the DF is guilty of WILLFULL VIOLATION of the FCRA, you have locked in statutory and punative damages potential. Now sue, sue in your local Federal District Court, do not bother with any state court on this type of action. Seek $1K per violation, per CRA it is reported on, per month it is reported since your first dispute was verified. It adds up in a hurry on FCRA violations. Plus ask for punative damages the judge/jury feel appropriate. More than likely they will settle before it get to trial.
Thank you to all who have responded. I owe so much to this board. Guess I better be getting that suit filed now huh? I must admit...I KNOW that I have a case, but the thought of filing suit gives me butterflies. Not that they will show up from across the country anyway. Butch, I read your theory on process to sue. I read that you sue after Estoppel, I think I agree with that logic. So, you simply don't send an "intent to sue" in case they want to settle out of court? Just file it and go? Is it not worth the intent to sue letter if the amount I owe is signficantly small?
Oh, I wanted to respond to another reply from earlier as well: 1K per FCRA violation PER CRA??????? Really? And, from the time they failed to report that the account was in dispute by consumer? I am at 75 days with this particular CA. Now I'm kind of confused what dollar amount to sue for. Ughhh...I just wanted the account deleted. So, if I do decide to send them an intent to sue: Anyone have a link for a good intent to sue template or a link to one? I know there have been some awesome ones in previous posts. I will be searching previous posts, but will check back here as well. Oh, FYI to Butch, Ontrack and the many many others who helped (those two names just stick out because I drove them insane) I MADE IT TO THE 700 CLUB! Close on my house in a week..great interest rate...already tons of equity in it here in AZ!!!!!!! I need to post a testimonial. THANK YOU FROM THE BOTTOM OF MY HEART~!
