Ok I had my hearing today in small claims with the magistrate. He had no clue about the FCRA so he will have to do research on it and it may take 30-40+ days for his decision. He gives the recommendation to the judge and then he decides. He did say we gave him so much info that he could do the work of 10 other small claims cases in the time it would take for ours. 1)the reinsertion of the collection account. She continually stated it was never deleted. Since I had lost, unfortunately, the deletion record I have the magistrate 3 credit reports. The 1st and 3rd had the collection on it. The middle did not have it on there which proves it was deleted. Her response after her proven lie- collection agencies delete tradelines when they do maintenance on the account. What a load of crap. 2)the 9 tradelines they would not investigate and then would not take my loan application proof. She said the loan was bought out in 1999, 3 years later, so that is the date it is listed. I told her reaging is illegal. She did not have much to say on that. She then stated it still goes off your report from the 1996 date which was not the point. The point is the collection appears to be 3 years older than it is. The point was also that experian would not consider documentation. She also told the magistrate that basically any proof you send into them does not count. If the CA or OC verifies that it is correct then that is the way it lists it. Basically she is saying they will consider none of your proof. 3) this was on the inquiries. She stated experian does not do hard or soft inquiries. When I pulled out the info all of you sent me she did not have anything to say on that. She pulled out my inquiry dispute. One of the tradelines stated that the mbna inquiry was turned down so I would like it deleted. She used that as an example and only that. I am like "what about all the others". She stated they only do inquiries if they are fraudulent. I used proof that inquiries were pulled in error. I asked her about online disputes with inquiries and this time she stated they did them. I asked her why she told me in mediation they never did and she flat out lied again. Just remember if you sue them that this person has no honor or any moral values. You would be well served to remember this. She will take an oath and flat out lie in court. Carla Blair is what is bad with america. When I get the results I will let you know. I expect to lose. I always did. It is the judge that I expect to win on appeal.
You know, regardless of the outcome, congratualtions on getting up there and fighting for your rights. It sounds like you had a lot of paperwork and could back up your claims, and I think that will go far with the magistrate. I know you don't seem too positive about it, but I was impressed reading about it. peace, delilah
thanks. When you speak they mark your exhibits. I had 19 of them lol. The judge said he had a 1 in 3 chance of getting this case and he musta drawn the short straw hahaha. In otherwords, he has a ton of work to do. He said he gets 4 hours a week to do research and it would take him the entire 4 hours just for our case.
Sounds like you did a good job. You were able to convince the magistrate to take a serious look at the FCRA and do some research. If you did not come across as credible, knowledgeable, and potentially wronged, I doubt he would even bother to do the research. GOOD LUCK!
This sounds pretty good. I think that you have the upper hand in this. I am very surprised that they are even going to court on this with you. It sucks when someone goes to court to keep you down even to the extent that they will lie. If they must go there to lie, why even go at all. What would they have to gain? Good luck.
The problem once again is she lied about everything. Her final statement was that since I suffered no damages I am entitled to no money. It will all be up to the magistrate but he was clueless. Very nice but had no clue. He did not even know what hard and soft inquiries were. In the 1/2 hours we were there I think I taught him alot of new stuff. That is not good
