If I have all my paper trail and have proof of violations of the FCRA and send an intent to sue letter to Equifax will they actually respond or will they wait until the suit is done to even bother? Where do I get the intent to sue letter? I cleaned out my filing tonight and found letters from as far back as February where I have been sending proof to them of CA failing to validate debts etc and they are still reporting these. I have green cards for EVERYTHING.
Well, I got the paperwork today from the courthouse and I'm ready to sue Equifax. Only costs $20 to sue in our county. CHEAP. Anyways, now my question has changed. We only have Justices of the Peace here for small claims court. Will I stand as much of a chance? Or should I go to another court or something or is there another one to go to?
Christi, If equifax is going to fight you, it doesn't really matter where you file as they will most likely have it bumped to federal ct. The easiest way is small claims (justice of the peace) that is where I filed. It will also be the easiest to have dismissed if they agree to your demands.
Christi, the Equifax national defense counsel is known for rolling over like a puppy who likes tummy rubs. For that reason, a couple of points should bolster your spirits this happy holiday season: 1) You're likely to get a fair hearing irrespective of whether your case is heard by a general sessions court judge or by a justice of the peace. That said, LKH is correct -- if they want to be "serious" about it, they'll bump it over to Federal court. However, in that setting, there is a structured, scheduled pre-trial hearing where you sit down with court personnel and the other side and work it out before it's actually heard in formal court. So whichever way it goes, you're likely to be fine. 2) Because of the tummy rubs I mentioned above, it's VERY likely that you'll get a letter from their national defense counsel who'll want to settle the matter quickly in order to "wrap this matter up far in advance of the court date, and thus save you and the Court your valuable time" (to directly quote the letter the gentleman sent me when I filed my small claims suit against Equifax. Happy holidays, Christi! Doc P.S. Hey, glad to hear about the extra family time you enjoyed last night. My wife was similarly happy. Maybe it's time for me to limit my Creditnet time, lol.
just as an extra... do you have any accounts like Cap1 that doesn't report credit limits? I just noticed today Equifax is following Experian's lead and is now letting their high credit update lag a month. Result to us: if you are increasing your balances you look over your limit (high credit) since the limit isn't there.
