Suing Experian in NY Small Claims

Discussion in 'Credit Talk' started by dj4ever, Sep 17, 2003.

  1. dj4ever

    dj4ever Member

    Today I went to small claims court here in New York and Experian actually flew a representative
    from Texas and actually put her at the Wyndam Hotel, just to find my claim against them.
    The representative stated to me before we both went into the courtroom that she has proof that the Bankrupt. on my report is mine. When ask for a written verification three months ago none was send to me. In fact, I even went to the Bankruptcy Court house three time here in Manhattan, and receive from the clerk an official Bankruptcy Stamp and Seal stating that there is no Bankruptcy on file for me and that my Bankruptcy on my report should be removed.

    The Small Claims Court decided to re-scheduled a final court date, due to the fact that the employee from Experian did not have power of attorney to represent Experian according to New York State Law. Can any site any federal or NY State Laws that back up my claim that Experian is in violation for both refusing to removing the Bankruptcy off my repork, and not verifing or showing proof in writing where they are receiving their information from?

    Thank you.
  2. lbrown59

    lbrown59 Well-Known Member

    Have you read the FDCPA & FCRA ?
  3. dj4ever

    dj4ever Member

    Where can one find the FDCPA & FCRA on the internet?
  4. jlynn

    jlynn Well-Known Member

    Forgive me but, on what grounds did you base your lawsuit?

    FDCPA doesn't apply here.
  5. DanS

    DanS Well-Known Member

  6. dj4ever

    dj4ever Member

    Re: Suing Experian in NY Small Clai

    Please forgive me but I am no expert when it comes to credit matters, but my grounds where not
    complying with federal and state laws by not correcting my credit report with accurate proof from the Bankruptcy court, lost of money in terms of being rejected by banks for loans base on the information that Experian provided on their report. This has cost me a great deal in terms what loans I could have been eligible for had it not be for Experian bad dealings. Perhaps you can suggest what grounds I could sue for?
  7. jlynn

    jlynn Well-Known Member

    Re: Re: Suing Experian in NY Small Clai

    You got the right grounds - good job, the FCRA will support your grounds. I can't "see" your first post right now, but you mention something about not telling you who they verified with? Check out 611 FCRA - its called a procedures request.
  8. dj4ever

    dj4ever Member

    Re: Re: Suing Experian in NY Small Clai

    Get this I just got off the phone with the Specialist Customer Affairs, Special Services and she mentioned to me that they are going to counter sue me for $2,500 since they have to travel back to New York to appear in Court again. Just because they did not follow procedures by not sending someone who is legally bond to represent Experian even if was an employee of the company. By NY law one has to either be a share holder, owner, of have power of attorney. Experian still insist that they have proof, that the bankruptcy is mine. I just got off the phone with the senior Clerk over at the Bankruptcy court and they had mentioned to me that the document that I have as proof is more that sufficient enought to show that I never filed for Bankruptcy. Question, so why is Experian wasting hotel fees at the Wyndam hotel, and plane fare, food, cab expenses , etc. ?

    Especially when I send certified mail and faxes over to experian more that once, Experian stated they are not accepting my court documentation even if it is Stamped and Seal by the Judge Himself. They are going off by their information and research.

    Any other suggestions or comments?
  9. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Suing Experian in NY Small Clai

    Typical Experian scare tactic.

    Typical Experian
    Hope you crammed in college, because thats what you get to do now. How much time do you have before the next hearing?

    1. Print out the FCRA and study!
    2. Pick out all the sections they violated
    3. Build yourself a timeline of what you did, what you sent, and their reponses.
    4. Do not let them scare you!!!!! They think if they push the might of a large corporation on the little guy you will fold. Many here have proven to them otherwise...I guess they are hard-headed.

    You would have to show bad faith IMHO to be charged for travel expenses. YOU HAVE DOCUMENTS FROM THE COURT - no "bad faith".

    (c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
  10. thetravele

    thetravele Well-Known Member

    Re: Re: Suing Experian in NY Small Clai

    pardon me but how did you sue Experian in small claims?

    My understanding on NY SC law is that the only way you can sue someone in SC is if they are within the 5 bouroughs.

    What address did you list for the lawsuit?
  11. dj4ever

    dj4ever Member

    Thanks so much jlynn you are the best. I can sue Experian in NY since they are registered as a foreign corp. in New York in which they have an office conducting busy in NY, CA (headquarters), texas, and one other state.

    I have until next Month in which the judge gave both sides a final court date to appear in court.
    However, I was told by the clerk that if I can not make the final court date I can submit a letter in writing to the court and "it would be nice to submit to experian if I decided to change the date"

    None the less, I may have a business trip to attend on the court final date, so I may submit a letter requesting an ajournment.
  12. Nestea

    Nestea Well-Known Member

    Don't tell 'em until the day of the flight, :)
  13. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Suing Experian in NY Small Clai

    They have no grounds for a countersuit, nor can they file one now that trial has been joined. If they try to do it, argue your 4th amendment right to due process (filing a countersuit the day of trial deprives you of your right and ability to mount a defense). Furthermore, them sending someone without authority to represent them legally is their fault, not yours, and they cannot sue you for their incompetence or ignorance of the law.

    Furthermore, I would argue that they are precluded from entering their "evidence" of your Bankruptcy into evidence since you requested it before trial and they refused to provide it. They can't withhold their proof then produce it at trial and then countersue you for suing them because they could have avoided the entire controiversy by providing that evidence in the beginning.

    Furthermore, I would also produce FCRA Section 611-a-4 in court which reads:

    "(4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.

    The word "shall" in "shall review and consider all relevant information submitted by the consumer" mandates them to consider and review your documentation from the Bankruptcy Court that you had not filed Bankruptcy. (but - your letter is from one BK Coiurt - did you actually file ina different BK Court's jurisdiction?)

    And, when their person DOES arrive for trial, ask the Court for a two week continuance to allow settlement negotiations (good reason - Court may allow it) and REALLY run their costs up.
  14. billt1227

    billt1227 Well-Known Member

    Re: Re: Suing Experian in NY Small Clai

    i love CRA's you send them all kinds of documentation, spend hours putting everything together, pay to send it CMRRR, and what do they do ? they more or less ignore what you send and say it was verified or frivilous. you take the next step and sue in small claims, which is your right because the CRA's do not do their jobs with disputes, and they turn around and countersue.
  15. dj4ever

    dj4ever Member

    Re: Re: Re: Suing Experian in NY Small Clai

    I would like to thank everyone for their input regarding my matter.

    My final and last question is that the judge mark next court day final, but I was advise my two of the court clerks that if something arise in the last minute and I am unable to appear in court on that day, I can submit a letter to the court requesting an adjournment of my final court date. Should I try to attend the final court date of delay the court date in the last minute if I have an important business trip to go to or I am very ill on the final court date?

    In other words does delaying my court date hurts me? I know it would cost experian more money since that have to fly out again to NY, but that is not my problem, they should have done their work and send proper representation the first time, I just want to make sure I am fully prepare.
  16. thetravele

    thetravele Well-Known Member

    Re: Re: Re: Suing Experian in NY Small Clai

    Can you please list the address you had Experian servered at please. I will need it for myself. Thanks.

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