Summary Judgement Against Sears

Discussion in 'Credit Talk' started by Flyingifr, Feb 1, 2004.

  1. Flyingifr

    Flyingifr Well-Known Member

    ITEM DATE REF PROCEEDING ENTRY ---------- --------- ---------- -----------------------------
    01 Unauthorized and Impermissible Pull of Trans Union Credit file in violation of Fair Credit Reporting Act Section 604(a)(3)(F).

    02 I want to have my Small Claims trial held at Kino Community Hospital. / I want to have my Small Claims trial at Kino Community Hospital scheduled on a Friday evening.

    03 23-Jun-2003 ELECTRONIC COMPLAINT FILED 6-23-03, COURT MAILED COMPLAINTTO DEF BY RESTRICTED CERTIFIED MAIL ON 6-23-03. MAM

    04 15-Jul-2003 CM CARD INFO. ENTERED THIS DATE. NA

    05 22-Aug-2003 SMALL CLAIMS TRANSFERRED TO CIVIL, FEE PAID, FILE TODEE TO SET FOR CIVIL TRIAL. MAM

    06 07-Nov-2003 NOTICE OF SERVICE OF DISCLOSURE STATEMENT/DISCLOSURE STATE-MENT/ATTACHMENTS FIFLED BY PLTF; DMB

    07 05-Jan-2004 APPLICATION FOR MOTION TO PRECLUDE & SUMMARY JUDGMENT FILED BYPLAINTIFF. FILE TO JUDGE 1-27-04 DEBRAB

    08 05-Jan-2004 MOTION FOR SUMMARY JUDGMENT & MOTION TO PRECLUDE FILED BYPLAINTIFF. FILE TO JUDGE 1-27-04 DEBRAB

    09 27-Jan-2004 SUMMARY JUDGMENT GRANTED PER JUDGE GREEN. DEBRAB

    10 27-Jan-2004 ORDER TO PRECLUDE IS GRANTED PER JUDGE GREEN. DEBRAB


    Sears pulled my credit without PP. This is NOT a small claims judgement, it was moved to Civil Court by the Defendant and is now in a Court of Record.

    Case CV03-510742-SC

    Pima County, AZ
     
  2. merlin

    merlin Well-Known Member

    Congrats!

    A few questions . . .

    Was this a hard or soft pull? (I know it doesn't make any difference in terms of the law, but in my experience judges don't see a soft pull as a big deal and accept it as business as usual.)

    Any chance you'd share your motion for summary judgement? I'm in the process of appealing a small claims decision based upon judicial error. Once a hearing is scheduled, I'd like to put in a motion for summary judgement and any tips would be greatly appreciated!!!
     
  3. cinderella

    cinderella Well-Known Member

    Congrats.....

    Wouldn't want to make enemies with you Flying!
     
  4. Butch

    Butch Well-Known Member

    Good job Flying.



    :)

    .
     
  5. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Summary Judgement Against Sears

    Hard pull.

    The entire set of pleadings will be posted on Creditinsiders.com shortly. Alex, the webmaster there, already has them.
     
  6. Flyingifr

    Flyingifr Well-Known Member

    Next one is Dell Financial Services - 2 Hard and 1 soft pull all in one day. Summons already served.
     
  7. merlin

    merlin Well-Known Member

    Re: Re: Re: Summary Judgement Against Sears

    Are they there yet?
    Are they there yet?
    :)
     
  8. Flyingifr

    Flyingifr Well-Known Member

  9. merlin

    merlin Well-Known Member

    Re: Re: Re: Summary Judgement Against Sears

    Thanks!!!!
     

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