I've never done this lawsuit thing

Discussion in 'Credit Talk' started by Quixote, Aug 6, 2002.

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  1. Quixote

    Quixote Well-Known Member

    But I'm finally fed up enough with Macy's that I've downloaded the forms from the courthouse to file a small claims suit. I've got all the sections and cites figured out; at least I think I do.

    Where I get lost is this: Who the heck do I actually sue? I mean specifically. The courthouse wants a name. The CEO in Cincinnati? Someone in the Legal Compliance Department in Phoenix?
     
  2. kbanger

    kbanger Well-Known Member

    Quixote what is your beef with Macy's I have two really good contacts there. They help turn a chargeoff old account from an R9 to R1 and then gave me a new card so now I have 2 positive tradelines

    If it helps you can call 800.456.9529 ask for x38257 His name is B. Glardon (I think his first name is Brian)

    Then there is Mrs. Knosp at x32972

    Hope this helps
     
  3. Manequinne

    Manequinne Well-Known Member

    Hey,

    I can't answer your question, but I really want to wish you luck..........
     
  4. keepmine

    keepmine Well-Known Member

    Quixote,

    Contact your Sec. of State. They can tell you who the registered agent for Macy's is in your state.
     
  5. Quixote

    Quixote Well-Known Member

    They put an unauthorized inquiry on my EX CR last in January. I disputed, they verified. I called and asked nicely, they told me basically to suck eggs. I sent them a formal notice of dispute, they never noted it on my credit report.

    So, by my count, I have them on six seperate violations of the FCRA. They have 1) placed an unauthorized "hard" inquiry onmy CR's (no permissible purpose), 2) verified that inquiry when disputed through the CRA, 3 &4) received formal notice of dispute (twice) and both time failed to note on my CR that the item is in dispute, 5 &6) Twice failed to correct the item when they had the chance and were requested to do so.

    When I called them last, I would have gladly traded this whole thing for a delete of the inquiry and an additional delete of a six year old Macy's paid charge off which shows up on my TU report. It's old enough that it's not killing my score, but it's not helping it either, so as I said, I would have traded in a heartbeat. Again I was told to suck eggs.

    Now I want money. Five grand to be exact. That's the max in the small claims court here.

    Thanks for all the great ideas and contacts. Wish I'd found out those names a month ago. At this point, though, the heqq with them. I'm sueing.
     
  6. Quixote

    Quixote Well-Known Member

    Thanks keepmine. I never cease to be amazed at the power of this board. Two minutes after seeing your post, I have the info from the California Secretary of State's website. Amazing!

    Do I list them (Macy's and the Agent for Service) as co-defendants?
     
  7. KHM

    KHM Well-Known Member

    Quixote-
    I wish I knew the answer, but I justed wanted to wish you lots of luck!!!!!
     
  8. keepmine

    keepmine Well-Known Member

    Quixote,

    No, just list Macy's as the sole invitee to the party. All the registered agent does for a foreign corp. at this point is just accept the lawsuit and get it to whomever files a responce. Good luck!
     
  9. Quixote

    Quixote Well-Known Member

    Thanks again, keepmine! I'll be heading to the courthouse today to file. I figure I might as well take full advantage of the free time I have this week, as I'm starting in my new gig come Monday. I've sure gotten a lot of yard work done since I got laid off.
     
  10. Kinetix

    Kinetix Well-Known Member

    DITTO, Best of luck to ya.
     
  11. LKH

    LKH Well-Known Member

    As Keepmine said, just list Macys c/o the registered agent.
     
  12. Quixote

    Quixote Well-Known Member

    Thanks for all the help.

    There will be a one day delay in filing due to a sudden and unexpected trip to Disneyland for the rest of the day and into the night.

    Byyyyyeeee.
     
  13. LisaMc

    LisaMc Well-Known Member

    Quixote, I just filed my first suit about 6 weeks ago. I sent the notice of intent to sue to the President of the company. They were in Delaware. I had the Registered agent served (they were in Texas like me). The paperwork for the actual suit was filled out as:

    Plaintiff = LisaMc
    Defendant = CT Corporation, address, Dallas TX as registered agent for Moronic Bank, Inc., address, Delaware.
     
  14. Quixote

    Quixote Well-Known Member

    Well, it's done. I filed. I have a date with destiny. It is October 4th.

    What sort of reaction do you think I should expect out of Macy's? Written (I get the charming little unsigned form "We're working on it" letters every week or two), a phone call, a countersuit; what? Any ideas?

    Thanks to all of you for the help and encouragement. Sure does make it easier.
     
  15. Ender

    Ender Well-Known Member

    send a letter offering them a way out.. $1000 plus deletion and you will drop the case.
     
  16. Quixote

    Quixote Well-Known Member

    Good idea. I'll run a search. I know I've seen a bunch of those type letters posted. I think I'm going to raise the stakes to $2500, though, just to see what happens. Thing is, this isn't all that critical to me. Sure, the paid c/o is hurting my TU score a little, but at six years old, only a little. And it falls off in ten months anyway. The inquiry- same deal; hurts, but only a little. And I've got all the documentation I need to win this. So, I figure, what the hell, let's try to get a little money for my trouble.
     
  17. Quixote

    Quixote Well-Known Member

    OK, I tried every search I could think of and could not find any appropriate letters. Anybody have a link or a letter they can paste here?

    Thanks!
     
  18. sprungli

    sprungli Well-Known Member

    Quixote:
    seems like there's some good info and links in this thread...hope it helps!


    Re: Marie, others, plz chk my letter...
    Nave 07.29.2002 @ 18:00
     
  19. picantel

    picantel Well-Known Member

    I just filed my first small claims lawsuit today against ucb. Too bad here in akron the small claims cannot exceed $3000 which sucks cause I have them on 11 counts. I also named the president of the company on the suit because he personally signed a letter that was in violation of a cease and cease letter I sent.
     
  20. whyspers

    whyspers Well-Known Member

    Quiote, search under the username Pat and Verizon. As I recall...that was an awesome letter that could be adjusted for your use.


    L
     
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