hey all just got back from my Small Claims court date with TU they did not even show up have been talking with TU's lawyer but they did nothing to settle this so I showed up today and guess what they did not, the Magistrate ask me several questions on the FCRA what section they violated how it damaged me and then said hey your here there not so I find in favor of the plaintiff for 3,000 dollars plus court costs and interest. He the Magistrate told me don't be surprised if they object to this which I fully expect but still I won and I feel I have a good case if they object and get another court date. I am even considering moving it to Federal Court.
Now, what you do is tell them to settle for 5k, plus deletions and you agree to remove the judgement from the public records (they hate that) and also agree to not refile in Federal court, if and when they get the motion to set aside default judgement. Let them bluster on and on about how easy it will be to get the case overturned. . . You're in the position of strength right now, having a public record against them. Make sure you file your interrogatories too. That'll speed up the process.
if they don't pay the judgment immediately, (which they won't) you have to file interrogatories to force them to expose all the financial info. --bank accts. property owned, insurance providers, people who own them money, everything. Since no company in their right mind wants to release this information and have liens and garnishments placed on their accts. They will want to settle the whole matter before they have to answer the interrogatories. Failure to answer interrogatories are usually punishable by extreme fines and/or jail time.
Humble so should I send this off right away or wait for the 30days to go by for them to object to this Judgment against them or does it matter?
i like to send it out right away. It gives the appearance i know what i'm doing ;-) and i'm serious. They're are usually more apt to believe i'll bump in up to Fed. court, whether it's true or not.
Re: Re: I WON!!! against TU That's what lawyers get paid $300/hr to figure out. . ..and have it make sense.
Make sure when you still win...they will DEMAND a "GAG ORDER"...YOU CAN'T DISCUSS IT!!! MAKE THEM HAVE A "GAG ORDER" TOO...SO THEY MAY NOT DISCUSS ANYTHING RELATING TO THE ACCOUNT(S)!!! YOU WON'T BE ABLE TO SAY "I WON $3,000 FROM TRANS UNION"...but on the other-hand...when a CA or ORIGINAL CREDITOR asks ANY information relating to it...THEY CAN'T DISCUSS IT...EVER!!! They CAN'T confirm or deny that the account(s) ever existed...NOT IN WRITING, NOT BY PHONE, NOT BY E-MAIL, NOT BY FAX, NOT BY SATELLITE...NOTHING!!! EVER!!! They also can NOT EVER PERMIT THE ACCOUNT(S) TO BE REINSERTED...EVER!!!
Re: Re: Re: Re: I WON!!! against TU lol yea, something like that, but in legalese and in a roundabout way.
Re: Re: Re: Re: Re: I WON!!! against TU He couldn't tell the difference between the # 2 BUS and the # 3 BUS???
