alan2k032003

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About alan2k032003

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  1. Hi, I won a case against to palisades, but they didn't pay me yet. Where could I find the name in person(i.e name of president), so I could file the writ of execution. Thanks,
  2. Hi, Could I file to civil court after I received the judgment document from small claim court if I believe the claim I got that is too far away from my damage? Thanks
  3. Hi, I went to court today. my case is that I am suing CA, CRA for fraud item shown on my credit report that caused my loss of mortgage loan. Judge favor my situation, but she said she need time to study how much claim I should get. Could I appeal to civil court if the claim I got is not what I want? Thanks,
  4. Could I claim $5000 accouting to the 1st section or $2500 from each defendant(total $5000) accouting 2nd section in small claim court from CA or CRA if my case is fraud in my credit report? Thanks The failure and/or refusal of defendants to disclose this information makes available to me a number of remedies including, under California state law: (i) actual damages, including court costs, loss of wages, attorney’s fees and, when applicable pain and suffering, (ii) if the failure to disclose is willful, punitive damages of up to Five Thousand Dollars ($5000), and (iii) injunctive relief. California Civ. Code §1785.31(a)(1), (2), and (3). In addition, in the case of a class action claim, the class claimants may seek punitive damages. California Civ. Code §1785.31©. The federal Fair Credit Reporting Act (FCRA) that California consumers have a right to bring an action for civil penalty of up to twenty-five hundred dollars($2500) against any person who knowingly and willfully obtains access to a file or obtains data from a file for a purpose not permitted by law, or who uses the data in a manner contrary to an agreement with the consumer reporting agency. If the consumer wins, the defendant may have to pay the civil penalty, court costs, and reimburse the consumer for any attorney fees or lost caused by this matter. The credit reports bureau must remove or correct inaccurate or unverified information from its files, usually within 30 days after dispute.
  5. Hi, I have been request CA to validate and send me the evidance about the debt, but they are afraid to send me the document. The evidance I got is the fraudulent account was open in 1995 and closed on 2000 in my credit report history. Should it reopen by someone else and got debt on 2002? That is the reason why I believe Discover, CRA and CA have libility for this Fraud.
  6. Hi, My stroy is I found a fraudulent debt in my credit report when I am doing mortgage refinance. The fraudulent debt was initial by Discover then sold to CA. I submitted dispute to 3 CRA, 2 of CRA removed the fraudulent record, but 3rd CRA keep thie bad record remain. Could I sue the CA, CRA and Discover for unautohorize sold debt to CA? Currently the mortgage process is on hold. Could I claim the damage for overpay interest + FCRA civil penality + misc fee? The damage I calculated is more than max amount of small claim court. Could I sue in civil court to claim up to $25000? Thanks,
  7. Hi, Could I claim FCRA civil penality $2500 each defendant, so total is $5000 from CRA and CA that is max claim in small court? I do have a piece of paper to calc how much damage on mortgage(bank couldn't approved the loan. Do I lost the total loan amount or the over pay mortgage rate?), attorney, document prepare, mental and misc..., but I couldn't get formal document from loan agent or receipt yet? Does court need to see formal document or receipt in order to approve my damage. Thanks,
  8. Hi, In my case, I had fraud record reported by CRA and CA, so I filed small claim court and claim $5000 damage month ago. However, I just got phone call from CRA said they has been removed this fraud record, but I haven't receive any written notice yet. The court date is next week. Could I still shown in court and claim the damage even they removed the record by then? Thanks
  9. Hi Sorry, the full collection agent corp name is ENCORE receivable management inc. Anyone know their register agent @California Thanks
  10. Hi, I would like to find out the register agent of encore management inc collect agent in California. Thanks,
  11. Hi, I have appear date soon and I just wondering if I could bring a person as interpreter, but he can act as my advisor in small claim court. Where could I find this kind of person, I am in San Jose, CA area? Thanks
  12. Hi, I have appear soon, too. Where could I find printable FCRA law? Thanks Brian
  13. Hi, I would like to sue boath CRA and CA by small court, but I am wondering how to calculate the money defendants or lost. I heard it needs to have monetary damages in order to file claim. Could the delay of loan process, loan cancellation, higher point, rate... count as monetary damages? Could the small claim court accept the case if I claim the civil penalty $2500 under The federal Fair Credit Reporting Act (FCRA) for each defendant(total 2500x2=$5000) as monetary damages. Thx
  14. Hi, In my case, I tried to sue the CA in NJ, but the damage happen in California. The clerk in small claim court said I couldn't sue the CA out of state. I couldn't find the regiater agent locally of the collection agency. How should I do? Thanks