Hello, If you have any spare time (I know how you fully recovered credit repair guys can be, off vacationing in some exotic place) I was hoping that you could give me a little advice. A good friend of mine wants to use your technique of suing the CRA. The problem is that the CRA is Equifax and there is no office in this state. If they dont have an office in your state what would you do? Would you actually have it filed in their state? They do have a CBC affiliate here in my state, but I told him that I would be less likely to try it with the CBC affiliate. First of all, the affilliate doubles as a collection agency that is reporting his debt.. Would you file against Equifax in even though they wouldnt be required to show up in your state? If he is going to try the small claims avenue I would like to give him a fighting chance...
if they have the business license to deal in your state ( which they all do), then you can sue them in small claims.. just hire a process server to deliver the docs - that's all. it actually betters your chances that they won't show up if there is no local office..
Ender, I do think that it would be in his best interests if they settled so this might be a good idea. I dont think that it would be very helpful if they just didnt show. Yes, they would lose but it wouldnt fix his credit. If he could figure out how to collect his what is awarded he might like the cash...thanks
Well - from what LK advised me, you file the small claims court, then also make a copy of the suit and send this along with a letter to the CRA stating that you just filed the lawsuit and offer them a way out - to settle by simply erasing the negative tradelines or whatever your goals are and that u are willing to drop the whole case if they oblige. In his case, he was able to settle 2 of them by phone, and one in person at the court itself. I am basing my goals off his experience.. I am in the middle of round 2 and hope to achieve his success by mid Oct. I've already deleted more than 50% of the negatives that were on my CRA in the first place, just by validations and dispute letters..
Ender, thanks for the LK refresher. I have never used his tactics, but my close friend who cruises this board is goint to try it. Ill let everyone know his results. He wont post here because I embarass him too much and he doesnt want to look as foolish as I.. "Friends, cant live with them, cant live with them" LOL
I am under the impression that in the event that one sues a company such as a creditor or a ca one must bear the expense of service and that would mean finding a process server doing business in the local area of the company one files suit against. I am also under the impression that one must prove in court that the defendant actually received his summons and therefore had the opportunity to respond In my personal opinion, I like the idea of filing the suit, getting the summons served upon them, and then offer an amicable settlement in writing to the defendant or his attorney, whichever is the most pertinent in the particular situation. I would think that if one makes the offer as soon as one has received the return of service document from the process server, so that the defendant might not have contacted his attorney about the issue or before the attorney has time to put in his appearance, one might have a much better chance that they would rather negotiate than spend money on their attorney or chance going to court. It would then become a scare tactic and I always like those a lot. What do you folks think?
uh - I think that's the whole point Bill. It's to offer an easy way out to settle and remove all negative tradelines. The 3 rounds I am doing is simply just to create a paper trail so everything is legit, the validation letters, the certified letters, the RRR, etc. as well as the disputes against the CRA's. Whichever deletions I get in the process, will just be less they need to delete when I sue them. I started with: TU: 25 negatives Equifax: 24 negatives Experian: 25 negatives Now I am down to: TU: 9 negatives Equifax: 10 negatives Experian: 16 negatives I will send out round 2 validations as well as disputes to the CRA on Monday. I'll keep people posted if they want.. I figure out of pocket money, I will be out around $700-800 after this whole process including the process server, filing the lawsuits, stamples, envelopes, RRR, certified letters, etc. but definitely worth it. I may even try and collect $1k. I am also involved in a class action lawsuit as well, against Coldata so if that goes well, i will get paid there too. Anyhow - gl w/ everything everyone..
I do hope that you will give us some more of the details on your suit with Coldata. I think you have heard of a Mr. Bud Hibbs who lays claim to being America's foremost credit expert or something to that effect. He has a website at http://www.budhibbs.com and on that website, he has a list of what he considers to be the worst collection agencies in the U.S.A. He lists Coldata at the very top of his list of baddies if memory serves me correctly. I also happen to know a couple of other people who are either lurkers or posters to this forum who are also having a terrible time with Coldata at this time, so I am sure that they will appreciate any information that you may wish to post about them or your hassle with them and how it comes out Thank you for your reply
One thing that I believe important, most especially for those who have never filed a small claims lawsuit and are therefore just about half scared out of their wits over actually having to go down and do it with no knowledge aforehand about it, would be for you to at least briefly describe the process. In otherwords, are there a lot of forms to fill out and file or do the courts provide :standard" forms where all you have to do is simply fill in the blanks and file it?? Since you obviously have the experience, I believe that you would be a great one to give a brief and simple explanation of the process and how hard it is to get done. Would you be so kind as to do that?
I have only seen the defendants view point in small claims and cival court. It was scary enough, but at least I won. Being the plaintiff is a whole different matter and I would like to see what happens on that end as well It doesnt sound like Lizard King actually had any problems because they just caved in...Thats beautiful...
The defendant's viewpoint in any case is not normally a good position to see the results from. (LOL) Whether or not his defendants just caved in matters little in my mind. I just hope he will be so kind as to give us a brief description of how hard it is to actually file a small claims case so that those who do not have his experience might benefit.
Bill, It wasnt my intention to answer your post for LK. I wouldnt mind seeing what you have asked, it would definately be educational...
Seems simple enough. Did your negotiation letter containing anything that you havent mentioned thus far?
Thank you Lizard King. I think your assumption that it is pretty much the same all over is just about right on the money. I do hope that your post will help some who might want to go down and file a suit but are simply "frightened to death" over how to go about it and what problems they might have if they goofed up. Your post should help to dispel their fears if indeed any existed.
Lizard King. I do have one other question regarding the number 2 item in your list of important things one must have. What about the name of one officer of the company? Let's take one of the credit bureaus for an example. How would you suggest going about getting that if it's a definite "must have" item. Some collection agencies might not be so anxious to up and volunteer that information either. Please discuss that a bit more if you would.
