I need to file a lawsuit against EFX to get them to update my report. I have exhausted all other oprions with them and they are not budging. Even when I fax and mail eveidence to them, I call and they say they don't know why but they are not using it in their investigation, and that they can only re-dispute. This has happened three times (months) in a row for the same item. The item is my Chap 13 filing and they state that it was both filed AND discharged in 11/2001, when in reality it was filed in 11/1996 and discharged in 11/2001. They will not budge. I rec'd a document from them in response to request for verification procedure and it says they sent someone in person to courthouse to look up filing. I called BK court and they said everythink is correct and that EFX never contacted them. I need to know how to file suit against EFX. I would appreciate it if anyone who has done this via small claims court in the past could tell me how to get started. Thanks! NiceGuy
Firstly, I hope you sent all your requests to equifax via certified mail, return receipt requested. Assuming you did, all you need to do is go to your small claims court and ask for the form. Most small claims courts have easy fill in the blank forms. You will need the defendant (equifax) name, address and phone # as well as the name and address of their authorized/statutory agent.(the person that accepts service of process for the co.) If you don't know the agents name, you can most likely find it online at your states corportation commission or secretary of state site. The court clerk will advise at the time you file the papers, how to go about getting them properly served. It really is fairly simple. You won't have any problems.
LKH, Thanks for your help. I will contact my small claims court tomorrow. Should I also have a proposed settlement offer served at the same time? Thanks! NiceGuy
PsychDoc, Can you shed some light on the serving process for me? I read about your successes in one of your older posts. The small claims court here will only serve in state... Thanks! NiceGuy
Sure, if you are just trying to get deletions, I would send a letter to that effect. Advise them you will dismiss the suit for permanent deletion of the accts. in question. As far as serving, where are you and where does it need to be served? Also, alot of states allow service by certified mail. You might want to check into that. When I had mine served, I did it by certified mail, return receipt.
You don't need to have it served it Ga. You can have it served here: (taken from secretary of state for Ga. website) Corporation Names Name Name Type Equifax Information Services LLC Legal Limited Liability Company Information SOSID: 0593602 Status: Current-Active Name Date Formed: 6/7/2001 Citizenship: Foreign State of Inc.: GA Duration: Perpetual Registered Agent Agent Name: Corporation Service Company Registered Office Address: 327 Hillsborough Street Raleigh NC 27603 Registered Mailing Address: 327 Hillsborough Street Raleigh NC 27603 Principal Office Address: 1550 Peachtree Street Atlanta GA 30309 Principal Mailing Address: No Address Listed
Hey, I almost missed this post. Ditto to everything LKH said. Let the court know that you are going to hire a private process server. They'll process the summons and hand the papers to you. It's then up to you to find a process server who can have the suit (and an accompanying letter) served in Atlanta. Look in the yellow pages there under process servers. Buyer beware, though -- my local process server charged me $100 to have Equifax served. (Great profit for him. All he had to do was call a process server in Atlanta to confirm the deal, then FedEx the papers to them.) It looks like LKH found the bargain way to do it (Certified Mail with Return Receipt requested). Many courts consider FedEx to be adequate service. (I'd consider doing it by FedEx letter if I had to do it all over again -- $15 is a great deal, and they will send you a confirmation with digitally photographed signature for any delivery at no charge if you call 1-800-GO-FEDEX.) Finally, many courts require "Proof of Service." If you hire a private process server, it's their job to turn that into the court; the process server in Atlanta will send that to your local guy who will in turn give it to the court. If you go with FedEx, simply get the proof of delivery (the signature papers I just mentioned) and give the court copies of that well before the court date. Finally, if you go Certified Mail, you can photocopy the Return Receipt as proof of service. The only thing I don't like about that is that the USPS seems to misplace some of those green cards occasionally. FedEx on the other hand has a foolproof tracking/confirmation system. Hope some of this is food for thought anyway! Doc
Make sure first........My court requires Certified, Return Receipt Requested and Restricted Delivery for a total of $7.82 postage, but the court said they will do it themselves *AND* be responsible if I wanted to pay an additional $8 (that's only .18 profit for them) and they take the responsibility of it. So..of course I said I'll pay the $8, so it cost me $20 to file and have them served total cost.
Thanks, everyone! LKH, does the info you posted with the Raleigh address mean that I can have Equifax served there instead of Atlanta. That would be too funny since I live in Raleigh! Thanks! NiceGuy
Yes, you can have them served in Raleigh. Any corp. that does business in a particular state, must have an authorized agent in that state to accept service of process. Serve them there.
One more thing...in addition to the summons, the small claims court states that a complaint form must accompany the filing. The standard claim forms relate only to money damages or propery issues. Can I make up my own claim form since it doesn't fit the mold? The forms are at: http://www.nccourts.org under "Judicial Forms-->Small Claims"
Sure. You can always attach your own. Just fill out their form as best you can and attach your complaint to the back. If you need an example of a complaint, do a search here for Lizardkings recent post of a lawsuit against JC Penny, or my recent post "my 10 minute lawsuit". You can use either of those as a basic guide on how to lay out your complaint. Good luck. Let us know how it goes.
Should I say that I am seeking money damages per FCRA? I think they are capped at $1,000. Also, on the examples, are there any sample letters for suing an actual CRA, not a creditor or CA? Thanks again! NiceGuy
Money damages are up to $1,000 per violation. Yes. Include the fact that you are seeking damages per the FCRA in an amount deemed just and reasonable by the court. Then, if you want, you can send an offer to settle letter with the complaint, where you say you will dismiss the case in return for removal of the items you want deleted. But, if you want money, be prepared to take it all the way to court and don't put that offer in a letter.
