This is a followup to my another post on inquiries. I contacted my local small claims court again. Again they tell me I have to go to Georgia and file if I was to bring a claim against Equifax. I ask if I have them served in their county can the case be held here and she said no. She told ne that it all had to be done in the county where business being sued was located. Now I called back hoping to get someone else on the phone who may know what they are talking about. Using her logic if I was a company or CA based out of California, I wouldn't think twice about screwing people over on the east coast. No one would travel cross country for a case where they would get 1,000 bucks tops. Like I stated in my previous post Im not but a 6 hr round trip drive from Atlanta and it sounds like I got a slam dunk case here. I wouldn't mind the drive but I would still like to avoid it if possible. I live in South Carolina, do you think its possible there is some law confirming what this lady is saying? thanks
I don't know about your state, but check the law to see if there is something similar to this: in California, there are several criteria to determine venue. One of them is where the damage occurred. I have heard of people successfully using the argument that since your credit report comes to your house and you apply for credit from your house, or at least in your area, THAT is where the damage occurred. It can be argued that since the company you are suing does business in your home city and damaged you in your home city, then your home city is the proper venue. Good luck!
Silent Bob: You can serve their registered agent in your state or their local affilliate and name them on the small claims form. That way you at least establish venue.
So I could contact the state secretary and get this info ? for everyone who has helped me and will help I want to say thank you. Equifax has made my life a real pain in the a$$ for the past few months trying to get them to merge my files and getting something out of them will make the pain kinda worth.
I spoke with a supervisor at my local magistrate and she wasn't sure if I could file here and she suggest I call the attorney generals office at ask them I call and explain my problem and they say I can file in my home county. When I get paid on Friday I will file the papers. After I file the papers what can I expect? Will Equifax try to contact me? Can they do this legally? Hopefully this can be settled without going to court. Sounds like a got a open and shut case so Im not worried about going to court but if they will pay up without the court process I'd be willing to take it.
