Well I just got off the phone with the court clerk and found out I won the judgement on the 2nd CRA case (see my other post about losing in small claims). Although it wasn't for the full amount, it still is decent + court/atty fees. The only bad thing, is that it could take up to 90 days for me to receive that in writing from the court. I am happy for the victory (kinda makes up for the stupid loss on the first CRA case), but I still would've rather have settled out of court - I don't care about the money. So I called the manager of consumer affairs for my state (who incidentally was the rep that showed up for court) and told her that I was still willing to drop it and not go after the judgement if they remove the incorrect items. Well the stubborn lady said nope, that she personally verified the items I disputed - some in writing and most over the phone and they will not be removed. HUH???? I said even though the judge ruled in my favor, you would rather pay the judgement than to remove the erronious items from my report? And she said that she personally verified these items in accordance with the FCRA - she does not need the items verified by writing & that is that. Wow!! So now what can I do to get those items DELETED? Moe
Didn't you ask for deletion of those items in your lawsuit as well as money? If so, if you won, you need to get the judge to issue an order mandating they delete the items they were guilty on. If you didn't ask for deletion in your lawsuit, you may be stuck.
I had a similar problem. I could only sue for cash for the violations, not removal. My small claims court only allowed cash judgements. Because the tradeline was mine but incorrect and then re-aged, I had them for a few violations. Had they not settled for the deletion before court, I would have wound up in the same situation. Some extra cash, but no deletion. It looks like you might want to go after the originators of the tradelines now.
CONGRATS!!! Can you post particulars to your case, what the violations were, what violations you were awrded for (if less) etc.
I could only sue for cash ... could not list the particular violations. Man, this is not what I was trying to accomplish. There are 6 items that the CRA was in violation of the FCRA on. For me to take all six to court will be a nightmare. I know I could absolutely win, but I don't want to have to file 6 separate suits. There's not much to tell in terms of the details. Starting back in 4/01 I sent out validation letters (certified & RR) to the creditors directly. Waited 2 months and started calling them. Only got 2 responses in the mail asking me to provide more details, copies of my personal info. Almost every one of them that I spoke with said they would send me proof in writing or send a copy of an original contract. Not one of them could produce any documents. I followed up with further phone calls (documented of course) and none of them could validate the claim, yet were unwilling to delete the items from my report. This is real broad and some actually did remove their negative items without further action. I then sent requests to the CRAs to investigate the items for the remainder. Some things came off and others were "verified". I did this for about 5 months. After getting as far as I could through that method, I sent "method of validation" letters to the CRAs and still with no results I filed the law suits against all 3 CRAs. I set different court dates and attatched a letter of settlement for all 3 (asked for no money, just deletion). None responded and have already had 2 cases heard. Lost 1 and won 1. I finally spk to a live person in the Consumer Affairs dept for my 3rd and final case and was told an attorney will be calling me before my case that's coming up. But until they call, I am prepared to go to court and win again. But would be glad to forego the money for removal of items. It ticks me off that in my state you cannot list the items and ask for them to be removed in the suit - just money damages. Moe
You could go over the head of the witch you spoke to. Maybe one of their legal staff. Anything is worth a try. You could also send copies of your winning order to all the ca's with a demand that unless they delete, you will start with them next.
That's actually what I'm doing now ... calling to get the "witches" boss or a decision maker above her. So far, I spoke to person in the Consumer Affairs dept at their headquarters and she claims there is no one above the witch - because she is the area manager. Well I know that is bull crap - everyone has a boss. I will keep plugging away until I get some results. That's also another good advice about going directly to the creditors. I like your thinking LKH!!! Moe
Moeskii, You are dealing with one of those little clerks in life who's willing to cutt off her nose for a little taste of power and control. I agree with LKH, go over her head! Make her look bad to her boss. Get the name of her supervisor and send copies of your judgement to him or her, letting him know that you already tried to deal. At that time, you can offer to let go the judgment in exchange for permanent deletion. The witch lady is not a good negotiator, so she must be at the bottom of the food chain. Her supervisor will probably have a little more training in negotiations than she does. Whatever you do, do NOT let this one go. Get them deleted. Calmest_LA
I didn't mention it in my post above. But I was suing the original creditor, not the CRAs. They were just as guilty, if not more so, than the CRAs in my case.
I am definately not going to give up on this ... I have been working too hard to just walk away with a judgement. The hard part is over, now it's time to just play the game, but at least things are in my favor. I'll absolutely find a way to bypass the power-trippin' witch and get the results I'm looking for. So Pat, did you only sue 1 creditor? Moe
Yes and No. It was Verizon and they actually settled with me the night before I was going to file. I sent them the details of their violations ahead of time and called it a pre-settlement, if they would delete. I let them know that the settlement once I filed would not be as generous. They re-aged the account on 2 CRAs, I tried disputing with EX and EQ, verified, of course. Then they pulled a hard inquiry. I had them dead to rights. I was actually filling out the small claims forms when I received an email that my settlement was accepted I'm working with a few other creditors right now, trying to get them to make a mistake, so I can use it against them ;0
That info Lizardking is priceless. Thank you as usual for providing such thorough info. Pat, I'm glad things worked out in your favor without the need to go to court - believe me, that's what I would've prefered. I hope you can get the other things worked out as well.. Moe
