What do I do now? Please help1

Discussion in 'Credit Talk' started by nicegsxr, Aug 12, 2003.

  1. nicegsxr

    nicegsxr Member

    After sending my 3rd letter to both EXP and Genesis Financial, the dispute, the validation, the ITS letter, still with no response from either EXP and Genesis Financial, what should my next step be? Should I really go ahead and sue them both in small claims? If thats my only option, should I sue them both separately? Please someone help, it seems like I am just sending out letters that no one bothers to read, I even subscribes to EXP's CreditExpert and check each day to see if anything is happening, and to my disappointment as each day passes from the time they receive my letters, I feel more and more helpless each day, I feel that these people really don't give a shit about the law, about FCRA, FDCRA and my rights as a consumer, please someone points me to the right direction. Thanks. Would a lawyer help?
  2. Flyingifr

    Flyingifr Well-Known Member

    You sent the ITS letter and they ignmored it. You have two options:

    1: Do nothing. They win, you lose
    2: Carry through with your threat to sue. Do it in your local small claims court. While you don't say WHY you are suing them, if each defendant has violated your rights under law, then sue them separately. If they both have violated the same right at the same time, sue them jointly.

    Each has its own advantages and disadvantages. If you sue them separately, you get two separate trials and the possibility of two separate judges finding each of them liable, so you may collect twice. Or you may collect once if one judge finds for them, or you may nopt collect at all.

    If you sue them jointly you get the pleasure of seeing their respective attorneys point the finger of blame at each other while you just sit there and smile.
  3. nicegsxr

    nicegsxr Member

    Thanks for your input. I figure that was what I needed to do. Now does anyone have any sample filings that I can look into? I am not a lawyer so I would really appreciate it if anyone can share some light on this matter, I am impress and grateful for all the letters resources avail, but would like to see some sample filings as well. Thanks!
  4. themyles

    themyles Well-Known Member

    I had the same situation with Genesis.

    If you have sent the ITS, also go to the Better Business Bureau website and do a complaint against them.

    Thats how I got them to delete...

    Good Luck
  5. nicegsxr

    nicegsxr Member

    Well I just filed a complaint against them with BBE's website and I am going to wait a bit before I start filing against them in small claims. Thanks for the advice. I hope it all comes to an end soon. Thanks again! One final question for th pros, can I file in small claims court in my area against Genesis? or CMI? or Experian? or do I have to file in their court? Please Advise. Thanks in advance again.
  6. chrisb

    chrisb Well-Known Member

    Re: Re: What do I do now? Please he

    You file the Small Claims Court suit in your county of residence, and have the company you've sued served. They then are required to hire a lawyer who is licensed to practice law in your state (which may mean they have to hire a lawyer instead of just having one of the members of their "legal department" go to court)

    The extra expenses and disruption of this will often make the other company fold and try and offer you a settlement.


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