First USA Bank did an "Account Review" inquiry on an account that was closed, and therefore had no permissible purpose. I want to sue them for $1000 in small claims court but need to file against the right company and its registered agent. The inquiry on my credit report reads "First USA Bank, P.O. Box 8650, Wilmington, DE 19899" and was made in August 2001. Here are some facts about the company: 1. First USA Bank is based in Delaware and is also the credit card subsidiary of Chicago-based Bank One Corp. I don't know if the "First USA Bank" name is active in Delaware or if they currently have a registered agent for that business name. 2. Bank One bought First USA in 1997. 3. First USA is apparently now doing business as Bank One Card Services, 201 North Walnut Street, Wilmington, DE 19801. 4. News reports refer to Bank One Card Services as being "formerly known as First USA Bank." So who do I sue, First USA Bank in Delaware, Bank One Card Services in Delaware, the parent company Bank One Corp. in Illinois, or ALL THREE? I will lose if I sue the wrong company and I must send the service of process to the company's registered agent. Also, I am unfamiliar with the implications of listing more than one defendant...if I win the case with several defendants listed, then who pays the $1000?
What about the Statute of limitations? Its been 2 years and the entry is going south soon anyway? If you can do it all the more power to you. best Checksinthemail
Re: Re: How do I sue FIRST USA BANK? The SOL is no problem as long as I file prior to 8-17-03 (which I intend to do). I'm not concerned about the inquiry itself being on my report...I want the cash and the experience of beating them in court. My feeling is that whenever a large corporation such as FUSA breaks the law (i.e. the FCRA) they should be made to pay. After all, it compensates us for all the crap they've done to our credit reports and all the high interest rates they've charged us over the years.
Re: Re: How do I sue FIRST USA BANK? I have the same problem, but I've just started fighting with First USA. I've got two non-pp inquiries and two accounts they are reporting incorrectly. I just sent a certified letter threatening legal action to: Bank One/First USA Law, Compliance and Government Regulations Dept 1 Bank One Plaza Chicago, IL 60670 It was picked up yesterday, so I'm waiting to see if I get a response.
Re: Re: How do I sue FIRST USA BANK? I think the safest bet is for me to sue the parent company which is Chicago-based Bank One Corp. I would then list the defendant in the suit as being "Bank One Corp. trading as First USA Bank" and send the service of process to Bank One's registered agent in Chicago. Does anyone else agree?
Re: Re: Re: How do I sue FIRST USA BANK? You can check for teh Registered Agent on line with the Illinois Secretary of State, Corporations Division. I agree to sue Bank One as successor in interest to and t/a First USA Bank.
Re: Re: Re: How do I sue FIRST USA BANK? Here's one more wrinkle to throw into the equation. I just called the Delaware Division of Corporations and asked who the registered agent was for FUSA. The lady informed me that FUSA is its own agent because they are a Delaware Bank. I recorded this phone conversation. Therefore, it appears that I can have my Secretary of State send the service of process directly to FUSA at their address in Delaware. This might be preferable to the small claims judge since the illegal inquiry was made by FUSA in Wilmington, Delaware and not by Bank One in Chicago. Also, FUSA in Delaware did not respond to my request that they explain their permissible purpose, and that will not put them in good favor with the judge. Now I'm leaning toward listing First USA Bank as the defendant...
