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dannyj
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Hi All:

On 7/25/03 I filed against first premier in Civil Court, stating FCRA violations and defamation and financial injury. All I want them to do is remove the late derogs. I claim I was not late. They cliam I was. I offered to settle with them for deletion.

Today I get a call from their law firm, stating that they are hiring an attorney in New York to represent them in the suit. The attorney said they cant remove the lates just because I say I was not late. He went so far as to say that the FCRA does not protect the consumenr from the OC's reporting, rather only the CRA's reporting. He said that even if I do have them on FCRA vilations, they would rather pay them then remove the derogs. He also stated that the reason they did not get back to me is because they are still in the middle of pulling the old statements. I asked him, how they were able to verify my Credit Bureau Disputes in 5 days if it has taken them 3 weeks just to pull my statements. He responded that the CBD's are verified by computer (not true verification in my book!)

One thing they did not do was mark the accounts as in dispute with the CRA's. They have had ample time to do so.

My question is that It may be worth it just to drop the damn suit. Quite frankly, I have no interest in going to court. I probably should not have filed the suit if I wasnt truly prepared to move forward with it.

Any advise would be appreciated.

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Not sure really what to tell you, you filed the suit and you're right, you shouldn't have if you're not willing to go through with it. However, the lawyer is completely delusional, the amendment to the FCRA added section 623 which is specifically targeted towards furnishers of information and does govern their reporting. Therefore, the FCRA does not only apply to CRA's but also anyone reporting information on credit reports. Tell him to go back to law school.........

Also, he's stating that they can't remove it just because you say so, fair enough but can they prove you were late? The only way to force OC's to produce documentation is by suing them.

Without knowing the events that led up to you filing the suit, I hope you you created a strong case with papertrail showing that you have, on more than one occasion, informed both the CRA and the OC of the incorrect reporting.

I'm sure my post didn't help much but without all the facts, it's hard to give good advice....

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Well first off, that attorney is full of crap. You DO have them on violations, the FCRA DOES protect the consumer from original creditors, and if they are found guilty in court, they'll be ordered to remove the derogs AS WELL AS pay you the money.

I'm going to take a wild guess here(stemming from your statement that you weren't really willing to go through with the court case) that you said something in your phone conversations with this man that tipped him off that you might be bluffing, and he's just trying to beat you into submission.

Look, you PAID the money to file this suit, you LISTED violations that you know happened, I'm going to assume you have a decent paper trail, and you have an original creditor who is basically admitting they didn't properly validate the lates before verifying them. Why would you not go through with it? This sounds pretty damn solid, to me at least.

And the OTHER thing you have to worry about, is if you don't show up in court, the case gets dismissed with prejudice, and you can't refile, and you have no recourse against them in the future should you need to get those derogs removed.

You may not like the fact that this attorney is gonna push you into court, but you can't really shy away from it without hurting yourself even more in the process. Show up, give your presentation, take this company's money, and be happy with it :p.

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Dear RuforReal,

My letter to you is mostly one of support. I have been working to repair DH’s credit. I just wanted to share with you that we settled (yes, settled) liens that were placed on our house for prior debts. In addition, we had a case dismissed from Asset Acceptance who attempted to place a judgement against DH WITHOUT validation, and the case had to be dismissed. We represented ourselves pro se in every instance.

With that, I just want to tell you to NOT BACK DOWN. Lawyers are trained to intimidate. He is just doing his job. You are in the right. He is just trying to call your bluff. Remember that they are practiced at intimidating people, especially those without representation. And….it is working, much to his client’s happiness.

My non-legal but successful advice? Keep going. When he pushes, push back harder. When he sees that you will not back down, you will find that he will. I would place money on it.

In addition, tell him that you are requesting discovery. This means that he has to show you everything they have and will be presenting in court.

You go, ru4real, don’t back down! When you stand up for yourself, you are standing up for everyone else! I will be your cheerleader!

Much dog eat dog energy to you…..Go get em Rover!

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I'll just offer 2 or 3 cents here. Many lawyers that routinely work small cases are not very good. How much could a lawyer charge her client for a case such as yours? What lawyers ARE good at is bluster. It is often pretty easy to scare a lay person into abandoning a lawsuit. The brief phone conversation you had with the lawyer seems to prove all these points.

If you really don't want to go through the hassle, fine (please let us know if that is your decision as there are a couple of issues you will need to know before dismissing). If, on the other hand, you feel intimidated, think again. No one is more interested in your case than you are. With enough effort, you can blow any lawyer out of the water.

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