This board is being watched

Discussion in 'Credit Talk' started by LKH, Sep 6, 2001.

  1. LKH

    LKH Well-Known Member

    Re: This board being watched?

    You know what I just realized? With all this nonsense about transferring, etc., I just realized that although they did file a motion or request to transfer, it has not been signed yet and they have never filed an answer to the original complaint. I will be checking to see if I can now file for default judgnment. Boy, that would be great.
     
  2. roni

    roni Well-Known Member

    5269viewed. Who can beat that?
     
  3. bbauer

    bbauer Banned

  4. breeze

    breeze Well-Known Member

    Re: This board being watched?

    Do a quick search on Google and you will see references to his cases, and on one page, from a hearing on bk reform in 1996, his observations about how the CRA's handle their business.

    His forte is lawsuits for persons who are victims of ID theft. The stories are absolute horror stories, the CRA's not only enabled it, they fought the victims at every turn, knowing that they were victims of ID theft!!

     
  5. breeze

    breeze Well-Known Member

    Re: This board being watched?

    Yes, that would put the joke on them. Say, "gotcha!"


     
  6. LKH

    LKH Well-Known Member

    Re: This board being watched?

    I asked my atty. about them not filing an answer, and unfortunately, he said filing a motion for transfer constitutes an answer even though they didn't acknowledge any of my claims. Oh well, I thought it was a good idea. As far as the transfer to federal goes, we are filing an objection, but I was told the chances of it being transferred are about 99% that it will be.

    He keeps saying don't worry, you got 'em. So, it's now in his corner and I am letting go of it for the most part so he can handle it.
     
  7. breeze

    breeze Well-Known Member

    Re: This board being watched?

    Awwwwww shoot!! That sounded like so much fun!! I was gonna ask if I could come watch!! ;)
     
  8. dogman

    dogman Well-Known Member

    Re: This board being watched?

    Is the Board still being watched????
    By the same person????
    The whole time????
    ????
    Dogman of course
     
  9. breeze

    breeze Well-Known Member

    Re: This board being watched?

    same bot, most likely. Good doggie!!
     
  10. LKH

    LKH Well-Known Member

    Re: This board being watched?

    I personally took the objection to transfer to court this morning and filed it. The clerk said they tried to call me (?) yesterday to let me know that the judge still hasn't approved the transfer and I should hurry and file the objection. So, it has been filed and I should get a minute entry in the mail next week regarding the judges decision.

    On the Trans Union matter, as reported last week, they finally updated my car loan to show pays as agrees - never late. They were showing it as 2 times 30 days late in 2/2000 and 3/2000. The only problem with this was I refinanced the car in 11/2000 so it couldn't have been late in 2/2000 as this loan didn't exist then. I got my updated report today and my score went up 40 pts. due to the change. The only things left on TU are a couple public records and that stupid 13 bk dismissal, which I'm still trying to figure out how to deal with.
     
  11. LKH

    LKH Well-Known Member

    Re: This board being watched?

    Bumping for Lizard. Here is the pretty much the complete history of my lawsuit against Credit Data Southwest. Also, we need to get this to 6000 views.
     
  12. LKH

    LKH Well-Known Member

    Re: This board being watched?

    The time limit to answer a complaint is 20 days. But, unfortunately, when a motion is filed, that constitutes an answer even though they didn't address any part of my complaint. The motion was to transfer to regular civil court, and then to federal.
     
  13. LKH

    LKH Well-Known Member

    Re: This board being watched?


    In their request to transfer this is the rule they used:

    § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

    An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy.......

    But they didn't included the complete rule:

    § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

    An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.

    In my objection I simply included the complete rule, stating that the Justice Court is a competent jurisdiction and the proper court to handle this "small claims" case. As evidenced by the complete section § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p], it is not required that a complaint based on the FCRA be held in federal court. Further, a small claims action in the requested amount of $2,000 has no business being heard in federal court.

    Will it work? probably not, but it was worth the shot. If the judge looking at this has any sense, he will see that this is just another instance of a big business trying to bully a consumer in the hopes that I cannot afford an atty. if it is held in federal court, and thus hoping I would drop the case. But, they are sadly mistaken.
     
  14. LKH

    LKH Well-Known Member

    Re: This board being watched?

    Still haven't received an update from the court as to whether or not they will allow the transfer. I've been told by more than 1 atty. that it most likely will be transferred, but I have to believe that the longer I hear nothing, the better my chances are that it won't be moved. I suspect that if the judge were inclined to approve the transfer it would have been done fairly quickly.
     
  15. roni

    roni Well-Known Member

    Re: This board being watched?

    Good luck LKH. Thanks for keeping us updated.
     
  16. LKH

    LKH Well-Known Member

    Re: This board being watched?

    Thanks Bkev. The mail just came and again, no minute entry and the file online has not been updated. I have no idea what is going on, but when I file a request to move from small claims to civil on a different case, it was done within 2 days. I guess it's time to call again.
     
  17. lbrown59

    lbrown59 Well-Known Member

    Re: email, Trans Union

    How can there be a court case on a case that never went to court?
    Surely there must be other laws that apply to this even if they are outside the f c r a .


     
  18. lbrown59

    lbrown59 Well-Known Member

    Re: email, Trans Union

    Can anybody add any input to this ?


     
  19. LKH

    LKH Well-Known Member

    Re: email, Trans Union

    I haven't found anything. I'll be glad to listen to anything you can find. The problem appears to be that it was filed and as such was given a case #. I dropped the case and in fact never even paid the full filing fee amount. It was then dismissed. Maybe there is such a thing as a motion to vacate a bk? But the fact remains, I can find nothing dealing with this.
     
  20. lbrown59

    lbrown59 Well-Known Member

    Re: email, Trans Union

    Win or loose how can a suit you initiated be a reportable item.============????????

     

Share This Page