I just received notice of entry of judgement after my small claims dispute with Equifax. I sued them for monies related to their failure to remove items from my credit report that were erroneous since there was no validation to me from the collection agency. I told the judge I did not care about the money so much as having the items removed from my report. Equifax showed up to court that day. The decision took the judge 2 weeks and all they mailed to me was a statement saying defendant Equifax shall pay me $300.00 principal and $32.00 costs. No mention was made of Equifax having to remove the items. Does this mean I did not really win my disput and that I cannot now force them to remove the items? I never expected this and see no mention of this in the forum. Please somebody explain this to me. HEEEELP!
In some states, small claims courts can only order payment of damages, but cannot provide injunctive relief, such as ordering the losing party to do, or not do, other things. The judge may have granted you what he has the power to grant. First get your payment from the CRA. The judge has decided that their actions merit you being paid damages, and paying damages might get the attention of the right department. Then demand that they remove the erroneous items. If they were erroneous then, and they are still there, they are still erroneous, and subject to disputing. You might also get their attention with a complaint to your state AG. If they still won't remove, you can file in Federal, where they can provide injunctive relief, or in a higher state court. You might want to see an attorney at that point, since you might have a case for more damages if you have already won earlier, and they cannot claim they just made a mistake. I am not an attorney.
Thanks! Won case in San Francisco County ,California. If you know the deal there let me know. Now I wish I would have sued CA's instead. Will go after them next in small claims. The "did not validate"argument is more easily proved against them anyway. All Equifax kept saying in court was that the CA's verified my debt and that was all they needed; it was difficult to explain my case to the judge in spite of all the help I have received in this forum and others. It was my first court case and a true learning experience. I have to go to work now.
