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How do I sue?

BayHouse Credit Forum: Credit Q & A: Disputes - Collections - Chargeoffs - Bankruptcy - CCCS: How do I sue?
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Dangelo Sinclair (Amistad)

Thursday, March 01, 2001 - 11:28 am Click here to edit this post
Christine,
Need your help again. I sent in a dispute with Equifax. They sent back there responce. They totally ignore one of my disputes. I just called them and they will not remove the item due to the fact that it's past 30 days since the original dispute. They offered to put the annotation as included in bankruptcy, immediately although they are not verifying this. Thats not acceptable. I want to take them to court. I will have time next month to do this. Christine I know you are an expert at this... I have filed small claims suits against people before. Can I file a small claim suit agaisnt Equifax and if so for how much or what? Anyone else that can help please do so Thanks. This is BS!!!

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Christine Baker (Admin)

Thursday, March 01, 2001 - 11:44 am Click here to edit this post
Have you read Small Claims Court - a summary of my experiences?

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Patricia Holly (Househunting)

Thursday, March 01, 2001 - 02:59 pm Click here to edit this post
Am I understanding you correctly here that Equifax said you have 30 days from the date they fail to fulfill their investigation obligation to contest it? I mean if they don't investigate something and you send them a letter demanding it be deleted, it has to be done within 30 days of the original requests 30 day expiration. They must be kidding.

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Dangelo Sinclair (Amistad)

Thursday, March 01, 2001 - 03:57 pm Click here to edit this post
After Reading what I wrote . I said it wrong. I was typeing fast trying to leave for class

Ok I called up Equifax. I told them they didn't ackowledge one of my disputes. She looked it up. First she tried to say my dispute was no good on two technicalities. After we both understood one another. She then told me that she could anotate my dispute as "Included in Bankruptcy". For this entry I didn't want that anotation although I have about 3 accounts that says that. Why??? Because this Collection account was put on after my bankrupcy was discharged. So that company tried to collect on something that was not collectable at the time.

Bottom line is Equifax got my dispute. They ignored it or whatever. 30 days has passed. They are refusing to remove the entry. Thats not what the law says!! How many times do they get away with this. If I can turn this into $1000 then I will. I'm going to send a threntening letter first. I'm going to give them a chance to respond.. then I'm going to sue. Sueing is where I need the help. I'm going to read Christines post again.

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Dangelo Sinclair (Amistad)

Friday, March 02, 2001 - 02:50 pm Click here to edit this post
Christine,
I can go to my county Courthouse and file a small claims suit based on violations of the FCRA correct? I have sued an individual some yers back in Small Claims court. I believe the Maximum amount you could sue for was $2000 (or $5000). I think $1500 will get there attention. Based on your posting I think they will settle. That would be fine as long as I get the item changed and my court court plus some type of monetary award for my effort. I have the certified receipt for the mail arriving there and I can copy the statute. Is there something I'm forgetting?

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Christine Baker (Admin)

Friday, March 02, 2001 - 03:51 pm Click here to edit this post
Yeah. You're forgetting that I'm not a lawyer.

You might want to post what exactly you're going to put on your claim form.

I'm also not clear why you want to sue Equifax, you posted that they offered to change it to "included" in bankruptcy.

Do you think it's Equifax's obligation to sue the collection agency for violating the FDCPA?

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Dangelo Sinclair (Amistad)

Friday, March 02, 2001 - 06:44 pm Click here to edit this post
Christine,

Heres the breakdown. I owed Southwestern Bell $700. I included them in the bankruptcy. Five months after disharge of the debt a collection agency (on behalf of them) puts the debt on my credit report.

My dispute was for removal of the item since the collection agency picked it up after I disharged the debt.

Regardless, Equifax didn't respond at all to my dispute. I want it removed based on the 30 day rule. They didn't want to do that.

I want to sue them for noncomplience of the FCRA "30 day rule."

I know you're not a lawyer. I'm looking at small claims anyway. Is small claims such a place for my beef.


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