Experian has about a week left in which to file their Answer. I really expected them to do that right away, although I've seen several cases where they failed to answer and got a default judgment against them and then at that time they moved to overturn the default judgment because of this that and the other reason as to why they didn't appear, etc. In those cases, the judge allowed it (even in one case where they failed to appear THREE times!) At any rate, if they don't answer, I'm going to file a motion for default judgment and if they then move to overturn it (if its granted), I'm going to pull out their previous history of pulling this. This is a twist I never expected. So....for those who have sued Experian...how long before they filed their Answer? L
Sorry Whyspers no information about Experian here...just wanted to agree with what you have found. That a default judgement is actually worse, because they can have it overturned or vacated easily (from claiming improper service mostly...wrong person served, incorrect department, wrong address, not enough time before court date, etc...) and have you go through the whole court thing again. That is why I stress on each post about lawsuits that you serve them properly and expiditiously. The judge in a suit I filed in 98, entered default judgement for me on an ex employer (never showed), and point blank he told me they could have the judgement easily overturned if they simply claim that I served the wrong person (I served the CEO and COO of the local office that I worked in, not the CEO of the whole shebang)...but I won...a hollow victory since they were in BK and even though I attached the claim to their bank account, I got zip for my troubles, but I won anyway YEHAAAH. Good Luck on yours. -Peace, Dave
Well, I was very careful to serve them properly through their registered agent. In the past, they have refused service if you put the wrong name (they have several Experians...Experian Credit Services, Experian Information Solutions, etc.) I guess its possible I messed up somewhere, but I don't think so. I know their registered agent accepted service and they had thirty days to file an answer because they are out of state. I *really* do not want it to go this way. I never expected to get what I asked for and frankly, don't think my case is worth what I asked for. Its enough that they would definately try to have any default judgment overturned. L
I've seen several cases where they failed to answer and got a default judgment against them and then at that time they moved to overturn the default judgment because of this that and the other reason as to why they didn't appear, etc. In those cases, the judge allowed it (even in one case where they failed to appear THREE times!) whyspers | 841 =========59=========== This goes to show you Folks you can't depend on either the laws nor the courts to look out for your interest. The only sure way is protect your self by not becoming evolved with them.
but I won anyway YEHAAAH. Good Luck on yours. -Peace, Dave~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~59~~~~~~~~~~~ RITE DAVE This is one of the problems with the way people are handling things. Even when they win they loose! --------With my method you don't have to worry about winning or loosing because there isn't any battle to fight! Secret Method--Don't get involved with EM.
Very interesting. Sounds like they may be testing your stamina Can you tell me how you do your legal research on these issues? Websites you use? Thanks
