I have disputed a account with all 3 CRA's. TU & EQ deleted. EXP remained. Disputed again, using the phone - also sent CRRR along with more than enough information to have it removed. EXP says it still remains. I am ready to sue. Any experienced with this, help please. What's the next step to file suit - ITS or just sue and where do I have them served?
I'd send your ITS with your final demand for deletion or correction. If they haven't budged by now, they won't after that. Give them 1 week, but go ahead and prepare your small claims case anyway. Look into your state's credit reporting laws. Many states, such as California, have laws that mirror the FCRA. The advantage to you is that if Experian has a registered agent in your state, they can be sued there under your state law and they can't have the case removed to federal court (where they can have lawyers and prolong the case). If your evidence is strong, don't settle with Experian for anything less than your out of pocket costs AND deletion or correction of the TL to your liking. Experian has relationships with many subscribers and as such, they have a compelling interest in keeping TLs on our CRs. Depending on the nature of the TL, they will likely argue that their computers can't report the TL as you want it; and they won't delete it because the TL technically belongs to you. In your small claims complaint, you'll probably get about one line to describe your claim. You can say something like Defendant Experian continues to violate the applicable provisions of xxxx Act/Law, and has damaged plaintiff as a result. The amount you demand is subjective. Some people say go to court and collect your $1000. In some cases that's true, but certain facts are necessary to get that $1000 as opposed to your out of pocket costs for making Experian comply with the law. When I sued them, I demanded $1000, a portion of which was lost wages and filing and service costs; the remained could only be attributable to emotional distress/pain and suffering. Many judges are reluctant to give you that. Make sure you serve the proper entity: Experian Information Solutions. Check your secretary of state's web page and find Exp's agent for service of process. Make sure you have them served personally or they'll not even bother appearing. Also check your court's venue requirements. In most states, if Experian does business there, they must appear anywhere that a violation occurs. There's more, but that's a good start for you.
THANK YOU SOOOOO VERY MUCH. I checked my states Secretary of State page and came up with this for Experian Information Systems - Resident Agent THE CORPORATION COMPANY, INC. 515 S KANSAS AVE TOPEKA, KS 66603-0000 County: SN I'm thinking that since it's only a 45 minute drive, they will probably show up in court?
