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swferguson's Achievements

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Impressive 100+ postings (5/6)



  1. I need HELP! 1)Do I need any type of Cover letter or any special form to accompany my Motion to Remand. Trying to remand case from Federal back to small claims. 2)Does the Motion need to be in all legalese or can it be simple *Pro Se* language. Although I have reviewed several Motions to Remand, all have been in legal terms but I'm wondering if the Fed Court has any sympathy to *Pro Se* plantiffs and will not through out my Motion if it doesn't include all their legal terms.
  2. Is there any time limit on this? Again, the judge at small claims has the paperwork in his chamber to rule on now. So suppose he rules TODAY, for the defendant and says the case can be moved. Do I have til, perhaps Monday to file the motion in Federal court? And do I also need to file any paperwork with the small claims or ONLY the Federal court? Thanks!
  3. I have a case scheduled for Mar. 17 against TU in smalls claims court. Received notice from their lawyer that they filed to remove case frm small claims to fed court. Called courthouse and they said it is in judge's chamber now, he hasn't ruled on the removal yet. They already have a civil case number in Federal court and have sent a defense to that court. I know nothing about Federal court. How do I keep the case in small claims? What motion do I file? Yes, I did include 3 MD State consumer credit laws they violated and 2 FCRA laws. Suing because during CHOD they did not investigate and refused to remove a tradeline that was proved to be false. Only removed when creditor told them it was their mistake. Help Pls!!!
  4. I have been really sick with the Flu so I was not concerned about anything for the past week or so. Here is my progress 1. I mailed off my objection to the continuance today (that was what Equifax filed) and they demanded strict proof so I also listed a timeline with all the proof I had and sent that to the court and attorney. 2. Experian requested proof so I created my timeline and proof and sent that off today to the court and attorney. 3. Received on Saturday packet from Trans Union asking court to remove from smalls claims and move to Federal. Didn't get a chance to work on that yet. Will have that completed by tomorrow to send off. That's it for right now. My court dates are Mar 16th and 17th.
  5. Here is my case in a nutshell 1. Sent CHOD, Experian and Equifax signed on Nov. 24th, I have green card 2. Never received anything from Equifax 3. Received letter from Experian, 2 weeks later stating they needed to verify address, send DL, SScard, etc. Didn't respond to that. They had my address listed on the credit report. 4. Waited past the 35 days. Heard nothing from neither CRA. 5. Faxed a letter to both CRAs stating "...you have violated FCRA, listed all violations...you have 15 additional days to send my updated report or I'll sue...etc.) 6. Both CRAs begin an investigation from the fax I sent. I never said anything about starting a new investigation, I only stated the facts and requested an updated report in the next 15 days or I would sue. 7. No response, so I filed my papers in small claims court. Ta Dah! Finished.
  6. Thanks to both of you for the info. I will do just as you suggested. Is there any way for me to request the court not to continue the date? Equifax asked for a continuance so their witness could attend. Who could possible be their witness? I don't want to push this into April and mess up my kids spring break. I figure, If I fail in court the info is always useful for someone else so I'm really not scared. Now that they are making me go to court, once there, I will also file with MD Commissioner and Attorney General's office, as well as the Postmaster General. It has to be some type of mail fraud when sending out thousands of misleading fraudulent info to consumers??
  7. Yes, it's small claims and I did include all my evidence with the original filing. But, I understood your response and I will gather, copy and create a timeline as you suggested. But I don't see why they are harping on insignificant things, my problem was that they didn't investigate during CHOD. I figured they were trying to scare me. They also included in their notice that this suit was frivilous and I should pay for all legal fees. I know that I have all my info intact, but I was also going to research how many lawsuits have been filed against the CRA since Jan and look at last years lawsuit winners, just to have a number for the judge if I get a chance to sneak that info in. Just want to paint a picture of Deceitful Liars and how many lives they have affected in my state (MD). Any other Help is appreciated!
  8. Experian sent the court a notice of intention to defend, copy to me. It also includes the sentence "...and demands strict proof of Plaintiff's claims. They are also asking for a continuance and new trial date. Says they have a witness traveling from Texas to testify and she cannot attend on the scheduled date. Equifax has sent notice and has quoted some cases, but beginning with The FCRA is not a strict liability statute..Spence v. TRW, Inc.; Buimond v. Trans Union Credit Info (1995) and Henson v. CSC Credit Servs. (1994)...stating credit reporting agency is not liable under the FCRA if it followed reasonable procedures to assure maximum possible accuracy, but nonetheless reported inaccurate information in the consumers credit report. Experian denies that they received the dispute sent on Nov. 21. (I have green card). They say "such damages were caused or contributed by plaintiff's failute to use that degree of care and caution that would have been used by a person of ordinary care". How do I defend? Should I go ahead and send copied documents to the lawyers such as the green cards and letters I received back or should I just wait for the court date to show all my documents? Thanks in advance for any help!
  9. I checked the names of all 3 CRAs and I have the correct ones listed. One mistake that I did was go ahead and file against all 3. I got pissed off, let my emotions take hold and just filed all 3 lawsuits. The RA is the same for all 3 CRAs in my state. The courthouse says they have 2 more weeks to accept it or it will be returned back and then I can get a process server. I'm assuming that there have been many lawsuits filed in my state and the RA is just buying some time. This will just piss me off more and if they want to settle it really will cost them in the end!
  10. Any advice on what to do since the CRA's resident agent will not sign for the certified mail? It hasn't been 30 days yet, so the court suggest I wait 2 more weeks. After that time is up what should I do next?
  11. Can someone explain the procedure for Request for Production. Do I simply send a request to CRA via CMRR or is this process through the courts?
  12. I just sent Xan an email to get advice on this issue. I sent all 3 during CHOD. Received my green cards back and everything. 1) TU sent first letter stating Unable to locate Credit File, so I went online and printed off the file. 2) EXP sent letter unable to verify identity. So I waited for 30 days to be up, faxed them the letter giving them 15 days to delete and send me an updated file. I didn't change any information sent a copy of my original letter and lo' and behold they send begin an investigation, I don't know why because I didn't ask for one but they started an investigation with the same information I originally sent them so they have no excuse for not starting the investigation the first time. 3) Equifax did nothing at all. So I waited 30 days, faxed my letter giving them 15 days to delete and send my new report. Nothing. I go online pay for my report using the same information and find that they began a new investigation once I faxed that letter to them. I print all the info to use in my lawsuit. I filed against all 3 for $5k last week. Just waiting now to receive info from courthouse.
  13. TU is the only one that is being difficult to update my address. Already sent proof and they are resisting.
  14. What is the best method for removing BK13 from my Equifax? I notice for the amount they have "no amount listed'. Could I get them to delete if I dispute the amount and they come back with $0?
  15. I filed against all 3 CRAs today. Basically I never received my updated credit report after CHOD and all 3 verified a bogus tradeline for months but I had to DV the CA who then sent an apology letter to me and a copy of the form they faxed to all 3 CRAs to delete immediately. My lawsuit list that mistake also, I ask how could they possibly had verified all those months I disputed, including the apology letter from the CA and blah blah blah. I included lots of paper trails but if they want to settle, how do I negotiate to really clean up my credit report? All advice appreciated!
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