Do I have one violation for each of the accounts that they didn't remove after 90 days since dispute or does it count as 1 violation? There are 4 accts and 5 inquiries in question. Do I sue for $5K (The max in my county) or just $1K? I need to have this ready to go at 8AM.
Christi, Where I live, the max in small claims court is 5K. I have numerous FCRA violations on EX. I'm not exactly sure of the BEST way to go about it, but I am going to file in small claims court for 5K based on numerous FCRA violations, rather than 1K for each which would force me to go outside of small claims. Although, I wonder if it would be an option to file one suit for 5 violations at 5K, then later or simultaneously the rest for 2-3K. Either way, I want this to be as simple and stress-free as possible. I have my ducks in a row, I just have to go forward and file the paperwork. I have at least 6 accounts where they have not investigated my disputes that certain accts have been closed for years. They left them open, with notes that I requested closure from the creditor. They have refused to investigate disputes on a few occasions, and I've caught them in lies when they said they verified when they didn't. I know I probably wasn't much help, but I hate to see a fellow creditnetter asking a question and not getting an answer. Let us know how it goes.
Christi, I would say if you disputed all accounts in one letter, then it is one violation. If it was multiple letters, I'd go for $1,000 per.
It was disputed online. I just want to make sure I'm doing the right thing before I go file. I don't wanna look like a moron. If anyone can help me out here please do...otherwise Experian wins AGAIN and i'm stuck with the negatives at their cost.
I had them on several violations. Because I had to put down an amount, I put $2500. I offered them to settle for deletion, so it didn't really matter how much I put. If you are offering something similar, just pick a number. If not, then since you have several violations, go for the $5,000.
Christi, you won't look like a moron (unless, of course, you really do look like a moron, in which case you'll look exactly like a moron). Ack, it's way after midnight, and I'm losing IQ points again. Sorry for the digression. I'll start again: Christi, don't worry about it. The court clerk won't care how much you list as damages because it's ultimately up to the judge to decide upon the final award, if any, when the case is heard. Even better, most small claims court clerks want to help their constituents since their court is designed for citizens to file lawsuits without professional legal assistance. In other words, most court clerks won't give you a hard time even if you completely screwed up the paperwork -- rather, they'll likely provide assistance. In any event, even if you were damaged more than the limit, you aren't obligated to sue for the whole amount, and that doesn't preclude you from your right to file the case in small claims court anyway. When I filed my small claims suits, I simply put down the small claims maximum and mentioned "multiple violations of the Fair Credit Reporting Act." So I'm with LKH -- put down the maximum. I hope this helps to encourage you! Doc
