I receive Experian's answer and request to move the case to federal court. Within the answer of course are their affirmative defenses. Do I now reply to those affirmative defenses?
Tell us what the affirmative defenses are so that others will know how to defeat them when we sue the EVIL EXP.
They have 15 affirmative defenses ranging from failure to state a claim, truth/accuracy of info, failure to mitigate damages, Laches (what the hell is that), Contributory/Comparative fault (in other words it's my fault that my credit is bad and it doesn't matter what laws they break), Estoppel, Statute of limitations (they are so wrong about that), qualified privilege, intervening causes, unclean hands (???), reasonable procedures, failture to join necessary parties (why would I sue the creditors when they are not reporting on the other two CRAs? It's only Experian's errors), constitutionality of punitive damages, standard for punitive damages, right to assert additional defenses (in other words, the right to add more lies to their affirmative defenses). I have letters from all of the creditors proving the DOLA. It is 1997 for all three. In NYS paid collections must be removed in five years. The accounts should have been removed in 2002. However, EX has reaged all student loans to show a DOLA of 2000. They want to blame me for it. If they trained their employees correctly they would not have to blame anyone for anything.
I wouldn't worry too much about the Evil Exp's affirmative defenses. Sending a mumbo jumbo list of affirmative actions is typical. If the party being sued does not claim these in their answer to your complaint, they could lose these rights to claim these defenses later. This is just probably some basic template used by the lawyers handling the case, that gets generated with probably most, if not all, answered complaints. Just like how one would create a papertrail for court, expect the defense to create a "smokescreen tail." In the defenses' eyes, the more confusion, the better, it will make it that much harder to see the truth.
When I sued Experian in Small claims court they filed motions with the judge to move it to District court. I did them a favor and dismissed my suit in small claims and filed it in Federal Court. Instead of the measly $8000.00 I was asking I am now asking for in excess of $100,000.00 or whatever the jury will award. I have court next month for the judge to hear my motion to order Experian to furnish their policies/procedures and training manuals to me. When I politely asked their attorney last month for it, he politely laughed and pretty much told me to go to hell. I said that's fine I would much rather have you orderd by a judge to give them to me, that way you can't play games. When he grants my motion to receive these documents I will be on the next plane out of here directly to your law offices to serve you and pick them up!! Well see how it goes next month!! Experian can kiss my ass now!! They wanted to play, lets play ball Experian!! Tac
Yeah! I hope you nail these guys. I am filing against them, hopefully, by the weeks end. These arrogant arses will never hang themselves with their own arrogance. I've seen this before.
