I was reading your post about the lawsuit letter that you sent to Experian, along with a 40 page court opinion about Trans union. Do you have a copy of that so I could use it also? The other question I have is, How did you list the items on your report that would be included in the lawsuit. Did you fit them in your letter or on a sep. letter? Thanks!
Not Lizardking, March 20, 2001 Credit Bureau Re: To Whom It May Concern: Notice: Last letter before lawsuit is filed. This is my last attempt to correct your records before I file a lawsuit in El Paso County Court. If I receive another letter from you stating that you have â??verifiedâ?? the incorrect information, then you will be sued for the following: 1) Violation of the Fair Credit Reporting Act 2) Defamation 3) Negligent Enablement of Identity Fraud I have attempted to contact the disputed creditors in question and I have demanded proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. It has been over 90 days since my certified letters went out. I have sent follow-up certified letters. I have contacted them by phone. Nothing ever gets done. So far, not one of them has been able to provide proof that I am their customer or that I ever signed anything to open an account. Under the doctrine of estoppels by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. You are instructed to remove each of the accounts in dispute immediately or my small claims lawsuit will be filed in El Paso County Court on April 5th. This is not a request for a new investigation. This is a demand that you correct your records. When you fail to show, up for the Pretrial Conference I will get a $5,000 default judgment against you and I will file a Writ of Execution with the Sheriffâ??s office in your county. Then I will begin the process of attaching property or funds to satisfy the judgment. If you wish to avoid the lawsuit, this is your last opportunity to correct your records. The following item must be deleted from my credit file and prevented from reappearing: account info For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. Witness My Hand and Seal this 18th day of February 2001. <sig>
Lizardking, LizardKing, where is the actual case, not the Court of Appeals. If were analyze(sorry Criminal Justice Student, applying for law school)the actual case, we can see what the original charges are and where she could have exploited TransUnion. Such as in the actual claim of defamation. Thanks, Reshod
Re: Lizardking, Reshod, Have you tried to Sheperdize this case on Lexis-Nexis.com??? (Sorry, CRJ Degree here) I would use thier search feature to put in the names of the litigants, and then find the oldest case. The oldest case might be the first. Also, try Cornell's law site, can't recall the web address at this time, but you might try their home page. From there try to go to their law library. Hope this helps. Erica PS: Why do you want to be a lawyer?
Reshod I found the original case. I could e-mail it to you if you'd like. Unfortunately, if you don't subscribe to Lexis' services, the url won't work. Let me know. Erica
Re: Erica I am sorry i dont subscribe to Lexis-Nexis, because for a student, it cost too much. Is there any way that you can cut and past? Are you a lawyer? The reason, why I want to be a lawyer, is to help others. I dont want to work for some big corporate firm, only for the people, such as an Assistant US Attorney or something of that sort. Also, it is the easiest way to get into the FBI. Reshod
Re: Erica I may be able to cut and paste, but not sure. I will try. No, I'm not a lawyer, but I am a student. My college subscribes to the service for us. I want to do Forensics, and will be pretty easy for me to get into the FBI as well. Maybe we'll see each other at Quantico sometime. Erica
Re: Erica Reshod, I just copied it into a word file that is 5 pages long. Can I e-mail it to you??? Erica
Re: Erica Hi Erica, Could you email the word format to me? My email address is Credithelp71@yahoo.com
