Re: This board being watched? LKH, Whatever you do, dont let them intimidate you in any way. You have read the law correctly and hopefully your judge will read it that way to, or even be sympathetic to your cause. I would think that red flags must go up when these guys are being sued by the little joe consumer types. After all, this doesnt happen very often. Believe me that the CRAs will settle and it may be as simple as your attorney sending the offer to comprimise once again, unless of course you really want to take it all the way. Either way I wish you the best.
Re: This board being watched? Thanks for the encouragement. I spoke to their atty before I handed the case to my atty. They want me to spell out exactly what the errors are and what violations credit data committed. My atty. said not to, but then I just got a motion and order stating I must do that by Nov. 16. They said when they get this info they will sit down with credit data and try to figure out how to finish this up without further cost or delay. So we'll see what happens.
Re: This board being watched? So they really seem to be saying that they don't want to actually go to Federal Court any more than you do???????????????????????????? Right??? That's the way I take it from what you are saying. What do you think about that?
Re: This board being watched? Either they don't want to go to federal court and want to settle, or, they want want me to spill the beans so they know what to expect.
Re: This board being watched? Well then, put a tight lid on the crockpot and wire it shut. LOL Your wording in the above message makes me think they really want to settle out of court and may actually go right up to the day and then offer a settlement you can accept. I would soak them for the court costs and reasonable attorney fees for yourself at the very least . I mean, what is the sense in going through all this misery and uncertainty without getting paid for it? Something at least
Re: This board being watched? If they settle fairly quickly, I won't seek any monetary damages. However, if they procrastinate and it goes to court or they drag it out, then I will seek every possible damage award I can.
HEY LKH! Did you get an email about the conference call tonite? If so, you gonna listen in? If you don't know what I'm talking about e-mail me and I'll clue you in.
Re: This board being watched? The US District court issue as a proper venue makes sense because they're hoping to back you down b/c you must really have an atty there. I agree on filing a motion for a trial by jury (maybe you should include a copy of the last 4.7 million District court jury verdict along with your next correspondence to the CRA It was overturned on a technicality (def: file is not met with just your copy.. it has to go to someone). A way to possibly get out of this issue before it arises is to also prepare lawsuits containing STATE law violations. For example, NY has a set of FCRA laws, Georgia has a deceptive practices section... and these are squarely STATE laws. If you can file using your state's laws too then you have a better defense for keeping it in state court. Also, check your state atty general's office and office of consumer affairs. Our office will handle the case for you in an administrative hearing. You have to have done a demand letter and let them sit for 30 days.. but then your state can try to collect for you (and help you get your file corrected).
Re: This board being watched? by the way, it's my opinion that even if you settle, get at least 1000 for a set of FCRA violations and get your atty fees. Do not let them off scott free. Have a bit of righteous indignation. They're starting to play hardball with you... play a bit back. Let them know that you were trying to be reasonable but their request for change of venue etc has made it where you are now being charged atty fees and now you MAY not be able to just settle without payment... it might step up their timetable. Plus, you deserve something for your trouble and they do deserve a bit of punishment. Also... if your case is decent, see if your atty will ammend the complaint for large punitives and take the case on contingency.... and that if you do that, you will have to play this out to the bitter end... see if that doesn't lit a fire
Re: This board being watched? Hi Marie, My atty. seems to think I have slam dunk case, especially since I have written proof of most of my claims. One of them I don't. We are going forward with it and you are right - since I am now paying an atty, I am asking for damages. In case you missed it, they have also filed for arbitration but we will ask for a jury trial unless of course they comply with all my demands.
Re: This board being watched? I think a jury will have a lot more sympathy for you than an arbitrator will. Demanding trial by jury will not please them at all and might hasten their desire to settle with you on your terms. Just my opinion, for whatever it's worth.
Re: This board being watched? The reason they used to request arbitration is the $ amount is too low for jury trial. But, based on their transfer to district court, my damages, or potential damages has gone up. So, I may have the atty. amend the complaint and file for a jury trial.
Re: This board being watched? I'm not familiar with your state's arbitration. Is it binding? can you get atty fees etc or is it just the avenue to keep you out of court? In my state, you meet with a mediator before going to court to see if you can dismiss it before going into the courtroom but it's a lower court thing. Is the request for arbitration in your current venue? I haven't heard of that with US District court... but it's a newer venue for my research. Sounds like you're doing the right things here I'm excited for you. You deserve compensation for your trouble... get it.
Re: This board being watched? I agree with Bill. If you move forward with this, a jury is your best bet. How many people have either had problems or know of people who have had problems with the CRAs... If your case is reasonable... I'd give you tons just to punish the CRAs and get them to do the right things in the future... after all... we're all affected by their laziness. For what it's worth, I just helped a friend with PERFECT credit try to do some basic stuff... closed accounts (and get the tradelines to reflect it). they screwed it all up... deleted 2 perfect, old tradelines... she's still over 800 but still... I think they're incompetent and it sucks because we all pay. Just wanted to let you know, they do this with perfect tradelines too.
Re: This board being watched? This board is being watched. This thread alone has been viewed 4697 times.
Re: This board being watched? Marie, they filed for arbitration in federal court. I also was not aware of arbitration in fed. court. My state has arbitration laws for superior court. And in the county small claims court they do have mediation before any court hearings. So, to be completely honest, I don't know what the result will be. As far as the transfer to federal court goes, they filed the request in justice court(small claims) and sent me the copies. But, the copies had no court stamp nor did I get an order from the court showing it was approved. The next set of docs. I got from the defense was with a federal court case. But I have still not received any court notification of a transfer. Just the defenses copies, again, minus the court stamp.
Re: This board being watched? That's what I'm beginning to think. I just checked the Justice court online and under the filings there is nothing showing any filings other than my lawsuit. But, how did they get a federal court case # whithout filing? If they didn't they are using an invalid case #. I've been trying to reach the court by phone all week and I end up holding forever and finally hang up. Looks like I'll have to go to the court on Saturday.
Re: This board being watched? It wouldn't be hard to make up anumber that looks like a real one - they use a certain format. I wonder if that isn't kind of illegal. Maybe they think you are too dumb to figure it out. Go down there and see, hehe. Wouldn't surprise me. Wonder if someone is reading this, LOL?
