This is going to sound wierd, and it is, but it is true. I successfully beat Sherman Acquisitions for posting a derog in my EXP file when they had acquired it after the discharge of a BK, wiping out the remainder of the debt and any obligation to pay them. In conversations with them I found out I had 2 other accounts with them (not on my CRA file at the time) that were acquired before the signing of the discharge but after the final payment to the Trustee. After they agreed to pay me the $1000 for the EXP posting, Alegis posted a hard inquiry in my TU (no PP according to the Greenblatt Letter) and I will sue them on that as soon as I get the $1000 check for the EXP posting. NOW.... seems after we agreed on the EXP matter Sherman went and posted a derog, with a different account, on my TU!!!! They had the debt for a year and a half but it seems awful suspicious that they would finally get around to posting it after I convinced them they will lose in court on the EXP matter and to just pay the $1000 to make me go away. Looks like retalliation to me. Does anyone have any case law or other stuff about retalliatory postings I could use in court to sue them BIG TIME (meaning to hell with the $1000 limit, now we're talkng millions and punitive damages)???
Millions in damages? I don't think so. As for retaliatory reporting of negative items, if they hold a legit acct, paid or not, as long as it is before the 7 year date for reporting, they have the right to report it. Are they retaliating? Most likely. But I'm not sure there is anything you can do about it. You are going to have to do some research on this one. I personally have never heard of any such caselaw, but it may very well exist.
I'm with LKH. No jury is going to cough up millions for a credit report goof up. Proving malice would be next to impossible. Check your state laws for any retaliation torts. Some states have laws, some don't.
No jury is going to cough up millions for a credit report goof up boywonder ======================= Sounds more like intent than goof up. The END ************************* LB 59
I did come across a case on the FTC site where they fined a CA 2 million basicly for improper investigation procedures and not reporting "in dispute".. maybe there was more to it, I didn't take notes. I don't know if a consumer could pull it off though, but it's was nice to know!
Millions like 6 or 7 zeros??? For punitive damages??? $1000 check??? A lawyer that would take that case??? Wow they really got to your head and they are happy with that at this point. $1000 check???
