Lawsuit won :)

Discussion in 'Credit Talk' started by fun4u2, May 7, 2004.

  1. fun4u2

    fun4u2 Well-Known Member

    Just an FYI to sassy, butch, LK and all.

    went to small claims court today and prevailed :)

    a settlement agreement was reached and the judge awarded me $ 3,057.00 for damages and stipulated that I should recieve payment no later than wed of next week prior to 5 pm and I would be getting a deletion letter from the Ca.

    whoo hoo !

    thx 2 all who helped me through this stress!
     
  2. sassyinaz

    sassyinaz Well-Known Member

    wooooooooooo hooooooooooo, fun!

    Congrats to you!!!!!!!!!

    Sassy
     
  3. Butch

    Butch Well-Known Member

    YEOW!!!

    Which case was it?



    Great Job Fun.

    Take DH out & party, then, on to the next one I say.

    :)

    .
     
  4. bonezzz

    bonezzz Active Member

    what's the case..?
     
  5. fun4u2

    fun4u2 Well-Known Member

    here ya go this is what took place

    violations FCRA 1681 s-2 b , FDCPA 1692 e, f, g, j.

    sued under FCRA 616, 617 and FDCPA 1692 k

    1. found acct on CR
    2disputed acct with CRA came back remains
    3. sent CA dispute letter & requested validation
    4. CA sends partial, that is inaccurate
    5. inform Ca in writing that its inaccurate
    6. redispute TL with CRA
    7. Ca alters ( fraud) the charges on the Oc statement claims there were other errors and changes the charges, increasing the balance
    8. CRA reinvestigation shows updated amount the CA reported this new false info tho the CRA.

    BTW this shows knowledge and willfull intent to cause injury and defamation. they knew the info being reported was in fact inaccurate, and intentionally reported that false info.
    I also had all the proof

    also they failed to correct that info after written requests to do, wilfull non-compliance, and failed to flag acct disputed.

    9. CA was suspended under corp name and hidden under another name( used false name)

    10. Ca misrepresented amount of the debt
    11. Ca used unfair business tactics trying to collect that amount and pursue continued collection activity when they knew that acct was disputed & unverified.

    12. CA also continued to reverify this acct an additional 2 more x with the CRA

    so I was awarded damages in the amount of $ 3,000 plus my court costs. :)
     
  6. me

    me Well-Known Member

    Did they show up in court and fight it? What defense did they use? Or did you win by default, for them not showing up?
     
  7. fun4u2

    fun4u2 Well-Known Member

    the Ca did show up in court and contested the matter they were even stupid enough to admit to the judge that they did alter the figures, but then quickly tryed to side track the issue, and say they were only trying to fix other errors which they had no proof of.

    then i stepped in and said
    1. the charges were disputed as they were in error,
    2. there were no proof as to any of those charges
    3. its the violations and reporting that adverse, inaccurate info when they had full knowledge which cause damage to my charter.

    then the CA quickly offered to settle as the judge was leaning towards awarding me more $ they offered to delete the acct as well so I agreed to take a little less $ and a deletion as the judge said he could not order the deletion only $ amount .
     
  8. lbrown59

    lbrown59 Well-Known Member

    Good job FUN.
    Put this on the testimony thread.
     
  9. crowmom

    crowmom Well-Known Member

    wow fun, that is awesome!! big congratulations! 3 grand, huh. wow, thats like, a cruise! a nice one!

    was this with, or without your lawyer present? (some small claims courts allow that, so that's why I'm asking...)
     
  10. lbrown59

    lbrown59 Well-Known Member

    I like happy endings don't you?
     
  11. fun4u2

    fun4u2 Well-Known Member

    Hi thx guys

    I want 2 celebrate and encourage others on here if you play your cards right there is hope at the end of the tunnel.

    see good things can happen to Good people too.

    to answer crowmom no I represented myself the small claims in my state does not allow attorneys ,

    I woulnt go that route and file in a higher court unless it is a really big deal like my next & last issue . once thats completed ill be 100% debt free.

    my last issue is with a major CC company who is nameless at this time, they are what I call the BIg Dogs growling on the porch, I have enough evidence to nail them to the floor and have them leaving limping with their tails between their legs.

    without giving all the details yet lets just say I mentioned it earlier to butch I have a letter from them admitting yes actually admitting they have no signature or any proof that this acct is mine , this is the (OC) BTW.

    which in this case is actually not mine, and they continue to report and increase the balance each month after its been investigated 4x with all 3 CRA.

    even my attorney sent them an ITS letter demanding that they remove the TL off my report and do you think they care or listened NO.. he he he

    well Ill post the outcome as soon as I know its going to fed court now wish me luck I want to buy a house soon and any money I would get will totally help out.
     
  12. Poochie

    Poochie Well-Known Member

    Wooo hooo!!! That's great! Congrats!
     
  13. goldhummin

    goldhummin Well-Known Member

    Very, very encourging. Thank you for sharing. I'm happy for you, and wish you well on the house hunting too!
     
  14. fun4u2

    fun4u2 Well-Known Member

    lbrown I did post it on the testimonial page as well.

    thx for all your help everyone :)
     
  15. fun4u2

    fun4u2 Well-Known Member

    lbrown I did post it on the testimonial page as well.

    thx for all your help everyone :)


    I want to add a comment about hiding 90 despite all the controversy and bad posts from him on this channel,

    and all my arguements I had with him about his so called objective theories and logic

    I think I should put credit where credit is do

    he did help me alot with case law even though he may have interpreted it differently, he also gave me wonderful suggestions with an outline that helped me in court.

    so out of respect for that Thank You

    :)
     
  16. Hedwig

    Hedwig Well-Known Member

    Good job, fun. And that was great of you to acknowledge hiding. He did have some good information, too bad he couldn't play well in the sandbox and accept that there are differing views, even among the courts.
     
  17. mistasmyth

    mistasmyth Active Member

    Great job! How about posting the outline that you used in Court?
     
  18. pd11604

    pd11604 Well-Known Member

    Congratulations on your victory...I think it's important to note that you had all your paperwork and proof so that they could not dispute anything you claimed! Others should take note of this!
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Lawsuit won :)

     
  20. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Lawsuit won :)

    I traded them for a nickel
     

Share This Page