Ok i'm having some trouble figuring out what the proper jurisdiction would be for suing my local EQ affiliate. There is no diversity. I know I can sue them in USDC because FCRA violations are a federal question, but what about for libel in the amount of 30K included with the same complaint? Will I have to file a separate suit in TN circuit court?
Hiya, Having same questions re: tu and eq (for different reasons for each). I work for an attorney who has agreed to represent me in suits against them both. I have fired off demand letters and waiting to see if they respond. One cra is TOTALLY in violation, I believe, of the fcra....I steered clear of defamation, but named libel per se and disparagement of credit. Have you been denied credit or suffered adverse action because of their false reporting? I beleive, and I will talk to the attorney about this, but I beleive you can roll it all into one suit. Who is your affiliate for eq? Our affiliate is based in tx, so they are goverened by tx law for cra's as well. Go get em!!!
Credit Bureau of Jackson, and I have an original copy of the lenders version of the credit report showing the reinsertion plain as day *evil grin*. I think I found out the supplemental jurisdiction, its in 28 USC 1367 I hear libel per se is hard to prove and I don't think I can get it in this case as it does not meet up with the standard. I'm not doing demand letters in this case, just going to smack em up side da head with a lawsuit.
Well, good luck to you. I am going balls to the wall as well...just want to show the court that I have made every attempt to resolve situation.
I am not sure of the specifics of your situation, but from the way you are talking your trying to get the CRA to do something. In my case they already done it now its time to pay. Deletions or cash, their choice.
Yes, me too...just want deletions or cash or both, lol. They are showing I filed bk when I didnt...ex did. BK papers release me from liability of this account. I know that there is a class action against cras reporting bk on co-signers reports. Just spoke with a tu rep and they said they do have the right to report it as bk, but since I havent filed, it IS libel per se, defamation and credit disparagement. Faxed them a letter last week and gave them 30 days. Have a feeling that they will not delete, so I am getting my petition ready. I have been denied credit on the grounds that I filed bk, so it has caused damages and such. Hate this.