KevinErrbenn

Hard? Yes. But I’ve come to realize most OC are not willing to spend thousands of dollars defending a credit reporting lawsuit. Most cave in, delete and move on. Only Express through WFFNB challenged me And escalated to Federal court. I won as recent as last year, again, creditor didn’t challenge and deleted and settled. These were all charge offs with $0 balance. Your mileage may hugely vary nowadays but if you have proper documentation of violations and your paperwork in order I’ve seen a willingness to quickly settle and move on.

Old but goodie. Just wanted to chime in. I have won 3/4 lawsuits in Small Claims against OC using 623 method. This includes other 2 deletions after ITS were sent for another 2 OC tradelines. 3/4 OC actually paid me. This was back in 2008. I have gotten 1 deletion using the MOV on a CA. This was 2018. Both methods work, but you have to be able to follow through with legal action.

Sounds good

Called the Judge’s chambers. The judge had been reassigned to another court and my motions were in lingo. The judge assistance confirmed the motion would be presented to the judge the next morning. I just checked and judgement has finally been entered. Waiting to receive the paperwork in the mail. Question is, do I give it some time before contacting them or do I contact the OC now? Not clear what to do with this judgement to be honest.

I'm in Florida. I have searched but can't find a definitive answer. Feels like this is all I have pending and can't do anything about it?

So it's been 30 days since I filed my MDJ and no action has been taken by the court. It's also been 60 days since I filed the requested affidavit. Should I speak to the judge or write the judge?

From the Florida’s website for Division of Corporation.

@Brotherskeeper @fisthardcheese what's the best way to show the court I served the right entity, at the right address?

Thank you. That’s why I wanted to add a line where it states that the address served by the sheriff’s department was the correct address listed on sunbiz.org (Florida’s division of corporation website), in case the bank later claims I served the incorrect address/Registered Agent. In other words, I served the correct entirely, served them on time, and at the correct address.

Proof of Service would be included. I’m wondering if I should include evidence that the address that was served was the addressed listed in the State’s division of corporation’s website to show I served the correct company and the correct address.

Yes. A copy is filed within the court’s files. The comments were written by the judge. All make the corrections as advised. Thank you!

Bump! @Brotherskeeper @fisthardcheese

It was a Memorandum of Disposition filed as a Docket on the case files. He noted it as a comment and gave me the original. Please see below. The judge told me to provide an actual copy of the service documents (I had showed him the sheriff’s documents on my phone since the sheriff had issues faxing it directly to the court) and to file an affidavit of facts and then he wrote: “Service on phone. Default will be granted when A. Copy of Service to Court. B. Plaintiff to provide Affidavit”. Both were submitted to court 3 days after this.

Thank you. How would I correctly formulate this sentence stating that the judge on Month day, Year said that Default will be granted once proof of service and affidavit are submitted to the court? This would be for number 3. 1. On or about Month day, 2019, Defendant, DEFENDANT, was served with process in this action. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit “A”. 2. Defendant, despite being served with process, has failed to file or serve any responsive paper in this action within the twenty (20) days of service. 3. As a result, on or about Month Day, 2019, the Clerk of this Court stated Default against DEFENDANT (the “Defendant”) will be granted once evidence of process and affidavit of facts are filed with the Court. A true and correct copy of the Clerk’s Default is attached hereto as Exhibit “B”. 4. On or about Month Day, 2019 Plaintiff filed a true and correct copy of the Return of Service with the Clerk of Courts. A true and correct copy of the Return of Service is attached hereto as Exhibit “C”. 5. On or about Month Day, 2019 Plaintiff filed a true and correct copy of the Affidavit of Facts with the Clerk of Courts. A true and correct copy of the Affidavit of Facts is attached hereto as Exhibit “D”. 6. Accordingly, the allegations contained in the Complaint are deemed to be admitted by the Defendant. 7.. Plaintiffs seek a Final Default Judgment against Defendant, DEFENDANT for damages in the amount of $2,500, plus court costs in the amount of $278.0 WHEREFORE, the Plaintiff hereby respectfully request this Court enter a Final Judgment against Defendant, DEFENDANT, in the amount of $2,500.00, plus court costs in the amount of $XXXX.00 and grant all such other relief as the Court deems just and appropriate. Let me know if this makes sense. Also, do I need an Affidavit of Indebtedness? or Do I need to provide documents that show that Defendant was served at the address listed in the FL Divisions of Corporations?

Thanks for your quick response. I’ll wait for more feedback. Meanwhile, are there any specific formats or templates you would recommend or how would you format it?

We are at 35 days now. What do you recommend as next steps?

Do you mind briefly highlighting the process? What happens if the CRAs simply don’t respond to arbitration? Also, where does it state that FCRA disputes can be brought up in arbitration?

I have very little reasons to doubt what you are saying. But this is like that douchebag that tries to cut you off. Is it worth it not letting him and getting into an accident over the 3 seconds it takes to let go off the gas and slow down enough so that he gets in? This 10% represents what, $30 or $40? You owe 100% of this debt. Just pay the additional $30 and move on.

Hey everyone, It's been about 2 weeks now and I have not received the judgement the judge stated. Is there such a thing as a motion for default judgement I can file?

LOL! OP did sound like it was time to 'let it go'.

You get to decide what the OP posts from now on right? So if you don’t like something, it doesn’t get posted?

Is it necessary to ban someone over this though? I think we should allow differences of opinion.

Just filed the affidavit on Thursday with a notarized statement of facts. Should I follow up with motion for default judgement?

Multiple letters, emails to EO, etc.

The judge noted the disposition with "Default will be granted when Service docs are received (original) and Affidavit is filed with Clerk of Courts"