I am just tired of getting the run around from Equifax so I stopped at the courthouse to pick up the forms. Here is my questions... 1. Do I need to request the amount I am suing for from Equifax and wait for a reply before I actually file the forms? Has anybody done this is Santa Clara county in CA? who did they name as the defendant?
Fand123, Let me give you a little advice on what worked for me. I allowed the CRA mulitple violations before I filed suit. I had them against the wall. Unless you have proper documentation AND violations as perscribed in the FCRA, you won't get them to settle. Read the FCRA, outline where they violated it. Do this on an item by item. So, when they're served they will contact for settlement. One important point to remember the CRA's are EXTREMELY ARROGANT. They're going to try to wait you out to see if you will back down. That is why documentation is so important. I basically allowed a pattern of violations. By the time I went to the magistrate, I had all of my documentation in order copies of letters, copies of return receipts, and copies of letters they sent to me. I had them. Period! There was nothing they could do. They sent me a upated report via fed ex) removing everything within 10 days of complaint. I had NUMEROUS violations. I didn't run to the courthouse after one violation. I let them hang themselves. I NEVER called a CRA, only communicated via mail. I had mulitple duplicate tradelines for the exact same account, with the same account number! When I called the representative was so arrogant that I hung up the phone put all of my documentation in order and off to the magistrate I went. I had no idea what was involved or if I would win. I was so pissed I just jumped in my car and went. The person working there was EXTREMELY helpful! I did attach a resolution to the complaint. Their violations were so aggregious they just deleted. I never heard anything I received a new report via fed ex with a letter stating that NONE of those tradelines would reappear, and if they should please call this Manager, gave phone, fax, and email. I think the CRA's are going to start to take notice if people sue. in deciding to sue make sure you all i's dotted and t's crossed! It is extremely helpful if you can show a pattern Sorry so long winded but just wanted to share my situation and how I brought resolution.
Thank you very much for the excellent advise. I will do that this weekend. I have a few violations and they are documented. For instance, I have an original creditor and their collection agency sent a letter stating that have requested equifax to remove a derog since July and the tradeline is still showing. They have removed a perfect tradeline from BMW for no apparent reason, BMW has sent me a letter indicating that they have asked equifax to report it and it is still not showing. They claim to have verified an account with Verizon, i have called Verizon several times and they tell they have not been contact by anyone from EQX and moreover, they will not release any information about my account to a third party. A rep was nice to insert a statement to make a notation any time an inquiry is made about my account. Currently there is no indication the equifax keeps reporting while TU and EX has deleted. What do you think?
Terry, With all their arrogance, in the end, although you got what you wanted to accomplish, they merely deleted some negs/inquiries as a settlement. Has anyone here or know of anyone that declined their settlement offer, and actually went through with the suit? To me, months of aggrevation shouldn't be rewared with just deletions. The need to PAY! More than a slap on the wrist, I'm talking about a knuckle sandwich! hth
Bill, I was under the impression you have never actually gone to court. If as you say here, you should take them to court, (and you course you have always won), but you never have gone to court, it would appear to be an enigma wrapped in a riddle surrounded by a mystery. So are you saying, settle but for a higher amount than simply deleting the derogs?, say the max...or are you saying you would take them in front of a judge and hhh should go to court no matter what the settlement is unless it is the max? -Peace, Dave
I have never personally gone to court as of yet. However, I will not be able to make that claim for much longer. As of this date, I have always won an amicable settlement without the need to go to court , So of course, I have never gone to court as a plaintiff Well then, peekle een the middle with the mustard on top. I see no enemas in that. I would not merely settle for the derogs being deleted. I've done that several times but I never had any court related expenses involved either. I tend to think that if someone has had to go to the time, trouble and expense of going to court and filing on them then that person should be paid for their time, trouble and expense. I think that's a reasonable line of thinking. Others probably feel that they would rather pay the expenses and just get the derogs deleted and let it go at that. Everyone has their own comfort level and way of thinking and that is always subject to change depending on circumstances and other personal decisions. Everyone has their own little ranch and each must ride their range and tend their cows or sheep or whatever.
Um...Yeah...OoooKay. Must be the age thing. Maybe you should spread a little salve on it Bill it will feel much better. LOL First off, you ALWAYS have "court related" expenses being a plaintiff in a civil suit beginning with the filing fee. So if you NEVER had court related expenses, are you saying you NEVER EVEN FILED a case with the court???...you just somehow got them to settle for deletions with the threat of a law suit? Or is there a senior citizen discount allowing free filing fees in Oklahoma? hhh's QUESTION, to which you answered, asked if ANYONE had REJECTED the settlement for "simply deleting the derogs" and demanded MORE than that? or gone through with the suit? So as I now understand it, when you said to hhh not to settle but to "take them to court and make them pay the max", that (1) you are telling him/her to do what you have never done, (ie go to court) (not yet anyway) and that (2) the "max" would be his/her attorney fees + monies entitled for each violation of the FCRA + any and all court related expenses? hhh's question again...drum roll... Have YOU (or anyone) GONE THROUGH WITH THE SUIT or settled for MORE than just deletions? You answered it, but you have done neither. Though your John Wayne-ish - "take em to court and make 'em pay the max" - does sound like a right pleasin' response mister. -Peace, Dave
Personally, I think John Wayne had a better answer in his role in Rooster Cogburn when he pulled out his six-gun and saying "A writ for a rat" shot the sucker right between the eyeballs.
