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Lawsuits filed against each of the big 3...


md
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I finally wrote up the lawsuits and spent all day yesterday driving to the appropriate counties to file them. Luckily two of them were in the same county.

Now it is just a matter of playing the waiting game and hope they get at least a little scare so they will want to settle as I don't have time to take off of work and do all of this driving.

Don't get me wrong, I am prepared to do so and will if necessary, would just rather avoid it if possible.

Each one is being sued for $7499 and tradeline deletions, among other things.

I will post updates here is they occur.

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Thanks guys...I appreciate the support, as always. :)

To file the suit all you need to do is fill out this simple one page form. I of course had typed up these lawsuits, two of them 7 pages in length, the other one 6 pages, and then wrote on the form that a supplement was attached. I am hoping the more it looks like I have my sh*t together, the more likely they will want to settle quickly. I had all of my enclosures with me to, but the clerks didn't want those. ;)

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I assume you are suing in small-claims court? If so, does your local small-claims court actually permit suing for specific performance? (i.e. making them do something other than pay you money? in your case, deletion of the trade line?)

In Georgia we are not so lucky all you can sue for in Magisrate Court is money. So you have to sue for money and then offer to compromise on the money in exchange for the deletion. It takes a non-user friendly court (i.e. one where you need a lawyer) in order to sue for specific performance.

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I assume you are suing in small-claims court? If so, does your local small-claims court actually permit suing for specific performance? (i.e. making them do something other than pay you money? in your case, deletion of the trade line?)

In Georgia we are not so lucky all you can sue for in Magisrate Court is money. So you have to sue for money and then offer to compromise on the money in exchange for the deletion. It takes a non-user friendly court (i.e. one where you need a lawyer) in order to sue for specific performance.

Usually if you are limited to monetary damages it will specifically state this and I have not read it anywhere with respect to small claims here. Also, in South Carolina you can have the court order the other party to provide documents, witnesses, etc. This is definitely not the case in most small claims courts from what I remember. And I am going to try and use this to my advantage. I already have a long list of documents that I want from the company.

While they may try and argue that they do not have to release such documents due to the law(s) regarding corporate secrets, my argument will simply be that the law(s) are not intended to protect corporations from obeying the law when there is clear evidence that shows that such documents prove that their de facto mode of operation is to circumvent the law in an effort to minimize costs and increase profits. The spirit of the law(s) are to protect corporations from being forced to release certain internal documents pertaining to secrets that are vital to said corporation being competitive.

Now of course my hope is that it won't even go this far, but I am prepared for how I will answer if such a motion is filed after a court date is set. Hopefully in the next week or so they will contact me with settlement offers.

I know these last couple of paragraphs had nothing to do with your question, but I tend to ramble sometimes...you just so happened to be the "beneficiary" of it this time. :)

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  • 1 month later...

1 down, 2 to go. I am very satisfied with the settlement agreement reached with TU. Sorry, no details. Another teaser settlement. :p

As for EQ, haven't heard from them yet. Maybe they don't think I am serious or maybe they are just waiting for it to get closer to the court date, which hasn't been set yet. To make sure they haven't forgotten about me, this weekend I will be ammending the lawsuit I filed and add a couple more specifications. They are also under the impression that I haven't been denied credit since there are no inquiries on that report. I will also be mentioning that in a round about way. I have at least three denial letters. :)

As for EX, I don't even know if they have been served yet. The county I filed that lawsuit in is extremely slow. I filed in late August and when I called around two weeks ago it still hadn't been served. I am going to call Monday. Grrr...

My TU score is now 715. Next month I will make sure I get the actual FICO. Not my error by the way.

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1 down, 2 to go. I am very satisfied with the settlement agreement reached with TU. Sorry, no details. Another teaser settlement. :p

As for EQ, haven't heard from them yet. Maybe they don't think I am serious or maybe they are just waiting for it to get closer to the court date, which hasn't been set yet. To make sure they haven't forgotten about me, this weekend I will be ammending the lawsuit I filed and add a couple more specifications. They are also under the impression that I haven't been denied credit since there are no inquiries on that report. I will also be mentioning that in a round about way. I have at least three denial letters. :)

As for EX, I don't even know if they have been served yet. The county I filed that lawsuit in is extremely slow. I filed in late August and when I called around two weeks ago it still hadn't been served. I am going to call Monday. Grrr...

My TU score is now 715. Next month I will make sure I get the actual FICO. Not my error by the way.

Hey md,

Congratulations :!:xdancex

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While they may try and argue that they do not have to release such documents due to the law(s) regarding corporate secrets....

We deal with this all of the time. The appropriate response is that you are willing to enter into a confidentiality agreement. These agreements differ based upon your negotiation with the defendant but typically say you will only use confidential documents for the purpose of this case, you will return them when the case is over, and if you need to file them with the court, you will do so under seal.

These agreements are so common, that most Courts have a "standard one" that they will give you to work from so that you don't waste too much time dickering over the language.

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Thanks for the response calawyer. I knew that it wasn't an absolute. That at the very least the judge could look at them and make a determination. And if the trade secret is such that it is de facto breaking the law then it can't be protected under the guise of being a trade secret. Is that mostly correct? I am just going by what makes sense to me. Thanks again.

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