hey everyone .. i went to court last month to get a judgment removed, which i got. they court gave me papers saying the judgment was dismissed. i made copies of the papers and sent them and a letter to EXPERIAN, asking them to remove the tradeline. They sent me back a letter stating that they are responding to the information i sent them but unfortunately they could not use this information. it says, "we are contacting the source of the information you questioned. When we complete out verification process, which may take up to 30 days, we will send you the results." what should i do next? i assumed the court papers should have been enough information for them! i am hoping that if they contact the dc court, they will hear from them that this case has been vacated. but i am worried that if they are lazy they won't even bother to contact them and just keep this as verified. what do you guys think? thanks! tboy
SEND IT AGAIN (with a copy of their letter) AND ASK IF THEY WANT TO PAY YOU $1,000 AND TELL THE JUDGE IN SMALL CLAIMS COURT THEY WON'T ACCEPT THE COURTS PAPERWORK...
you could just wait the 30 days if they dont remove it you have a nice little law suit.. they do have to verify the info you sent them though... kev
Re: Re: exp not honoring court papers thanks everyone for the advice ... i will wait the 30 days and if it comes back "verified", will send an ITS and then sue if they don't comply. tboy
Re: Re: exp not honoring court papers BTW....any evidence you send a CRA they are required to supply a copy of that to the creditor with your dispute within 5 days. For what it's worth.....I dislike the Evil Exp too.
Re: Re: Re: exp not honoring court papers If you think the CRA's provide that to the OC, read this: http://www.naca.net/BennettFCRATestimony.pdf
Re: Re: exp not honoring court papers Unfortunately, Atlanta's right on. Experian doesn't understand anything that does not begin with "Judgment for the plaintiff against Experian..." I've done the exact same thing. Disputed a TL; sent them actual court documents showing what the TL should be. They did nothing, played dumb, and "verified". I sued and won. I'd wait out the 30 days (just to make a judge happy), send them an intent to sue letter and file your small claims action a week later.
Re: Re: Re: exp not honoring court papers Sigh ... I called EXPERIAN today and they said that they couldn't accept these court documents because they need a letter from the court stating that the judgment was vacated (even though i sent them the court paper, which is clearly marked that the motion was granted to vacate this judgment). when i got the court papers stamped with the seal of the DC court, i asked them if i should get any other paperwork and they said, no. i am so sick of EXPERIAN! i have repeatedly asked them for prcoedural requests on 2 other accounts and every time they have sent me a form letter that did not provide any of the information they are legally required to request. i'm considering just sending an ITS tomorrow and just suing them. I want to get a car this month and don't want to keep this any more delayed simply because they are jack@sses. tboy
Re: Re: Re: Re: exp not honoring court papers Another update ... DC small claims court said they do not write such a letter that EX is asking for. she said what i sent should be good enough. tboy
Re: Re: Re: exp not honoring court papers Kickman, can you give me some information about suing EXPERIAN in small claims court? What was the process you followed? thanks tbo
Re: Re: Re: exp not honoring court papers That's a good but shocking article Atlanta. I know EXP doesn't do it. But they are supposed to. I was saying that to add it to the list of FCRA violations in case of suit in the future. The Evil EXP blatantly and routinely ignores the FCRA.....they just do whatever they want.
Re: Re: Re: Re: exp not honoring court papers No problem. First, gather up all documents that show how much money you've spent, as well as a pay stub to show your hourly pay rate (your time in court spent to get them to comply with the law). Use this to calculate your DAMAGES. Second, check your state's rules regarding VENUE. Exp will argue that they have to be sued where they have their headquarters in your state. Depending on your state's rules, you should be able to sue them where you live. Third, gather up all your correspondence re disputes (hopefully you kept your CRRR green cards). Then decide what JURISDICTION you want to sue them in. If you sue them under the FCRA, you can go through small claims, but Exp could successfully get the case removed to federal court where they can have an attorney represent them. Check to see if your state has laws similar to the FCRA. If you do, those laws usually mirror the FCRA. The best thing about that is Exp can't wiggle out to fed. court. By violating that law, Exp breached its legal DUTY. Exp has a DUTY to do and not do certain things. By their actions of [misreporting, failure to delete, etc.] they BREACHED their DUTY. Fourth, go to your local small claims court and get the necessary documents to file. Some state courts have a website where you can download small claims complaints. But if you're close enough, go to the court and find out what the court requires. Fifth, fill out the documents completely. Where it asks why you're suing, just indicate essentially that Exp damaged you by their violations of [the FCRA, your state's law]. File the complaint and pay your filing fee. Sixth, have Exp served by hand. Some courts offer to do this for a fee, but it's no guarantee. Worse, they often serve by registered mail which would give Exp one more issue to argue, muddying the waters. Instead, find a process server (check www.napps.com) and have them served. If your case is a slam dunk, you'll get this money back in your judgment. After all that, you're in good shape. Strategy isn't all that complicated, but it helps to be familiar with your state's laws or the FCRA. You can always check in with the C'Netters for stategizing later.
Re: Re: Re: Re: exp not honoring court papers kickman, Do u have a address because Ex they just do not listen.
Re: Re: Re: Re: Re: exp not honoring court papers They have several here in Calif. Their headquarters is 475 Anton Blvd., Costa Mesa, CA 92626 Their Consumer Affairs address is 2200 Ritchey Street, Santa Ana, CA 92705 Their registered agent address (for serving a lawsuit in CA) is c/o CT Corporation System, 818 West Seventh Street, Los Angeles, CA 90017 If you're going to have any luck in corresponding with them, you'd probably have better luck sending correspondence to the Santa Ana address.
Re: Re: Re: Re: Re: exp not honoring court papers WILLFUL-NONCOMPLIANCE ASK IF THEY WOULD LIKE TO PAY $1,000 AND EXPLAIN TO THE JUDGE WHY THEY REFUSE THE COURT PAPERS...
Re: Re: Re: Re: Re: Re: exp not honoring court papers I told them that they were in violation and expect to see a lawsuit and they said, "that's great! have a nice day!" tboy
Re: Re: Re: Re: Re: Re: exp not honoring court papers What are courts looking for these days in finding wilful non-compliance? When I was awarded a judgment against Exp, the judge specifically stated in his order that he did not find Exp's violations wilful even though I had court docs to the contrary of Exp's reporting. What's the best case to present to get a wilful verdict?
Re: Re: Re: Re: Re: Re: Re: exp not honoring court papers You did win though, right? What did they rule on? tboy
