Charlie, I have thought about that one! But do you think the CRA's will delete based on the letter from the OC stating the CA should delete the account from my credit files and also a copy of my judgement against the CA?? I have a funny feeling they CRA is going to say we can't delete unless the CA deletes it! I will definetly try it though. Have you had any luck with sending documents such as this and actually having a CRA delete based on such? I really truly hope so, this collection for a measly $100.00 is killing the piss outta my credit score. It is list as the main reason for my low credit score! Thanks! Tac BTW the Kohl's inquiry was almost 2 years old this October. Almost at 2 year SOL.
tac14033, How did you arrive at $4,000? Is this the maximum amount for small claims in your area? I thought you could only get up to $1,000 per violation. I would like to know because I am going to sue a collection agency for making two illegal inquiries into my credit report. Please advise Sirrowan
You could ask for as much as you want really! It's up to the judge to award you that amount and you to prove damages. I could prove this in damages easily! I was suing under Federal and my State's laws. You should do the same. I was suing them for not marking it as in dispute as well even though it was an inquiry and I don't even know if you could mark an inquiry as "in dispute". But the law says any information on a credit report and doesn't say in there anything about not including inquiries as being information. My States laws are actually better the the Federal laws. Good Luck! Tac BTW....In PA the limit is $8000.00 and $10,000.00 in Philadelphia for small claims court.
If you send the CRA's a copy of the court judgement I bet that they will delete. the court has alot more bearing than a CA. Charlie
The judgement only states an amount the CA has to pay. There is no injunctive relief in PA. In other word the Judge can only make them pay me money and not make them delete or do other things. If I send a copy of my judgement it will only show that I sued and won money against them and nothing else. It's worth a shot though. Tac
All this sounds great! I am wondering what a successful Plan B, will be to collect the money? Wouldn't they be in contempt of court and be facing jail time for not paying judgement? (I am not even close to a lawyer, I may be miles off) Besides, if they are a business don't they have a listing under Dunn & Brad Street for their business credit rating?
A judgement is not an order for payment. Therefore it wouldn't be contempt of court. There is no such thing as a debtor's jail so arresting the person isn't an option if they don't pay. What you can do is several things if you know how to do them and know your state's laws. Lien's on all property. Writ of Garnishment...for bank accounts, paychecks Writ of Execution.....Seizing of the persons non-exempt property and selling it at a sheriff's auction. The proceeds of which are used to satisfy their debt with you. Once their appeal deadline has past I will file for all three. Tac
Tac, Just curious how you came out collecting your $4,000 judgement from the CA. I'm assuming that was the Small Claims limit in your state. Did they indeed file BK after your judgement? If they were planning to, it would explain why they didn't show up in court. If they have any vehicles titled in your state - having the sherrif seize them for auction should get their immediate attention! Good luck to you, BKinUT
Great work TAC, I have a court date on March 18th against a cc issuer (closed) for not marking in dispute... I am just send EQ the ITS and I have them (I will file suit next week) and I am waiting for TU disputes (march 7) to file on them.
One thing you guys are missing here. Maybe you have to prove damages in small claims but the 9th ruled last year that the consumer does not have to prove damages nor even state damages. He can simply claim anguish, loss of sleep, mental pain and suffering and demand whatever damages the court will allow. He don't even have to use violations as his grounds to sue on the way I understand it. Obviously the violations would have to be used as the cause of anguish, loss of sleep, mental pain and suffering. If that be true then it is not even hard to imagine that one could claim alienation of spousal affections or whatever they use in accident cases when the wife is injured so that she cannot provide her husband with her normal feminine affections. After all, if she was mad at him for having to put up with all their stupid phone calls then she would hardly be emotionally prepared to accept his advances. So they alienated the missus. (LOL)
