Xanathos

Xan's 2nd day in court(Equifax)

Recommended Posts

Just got back from the courthouse. I had sued EQ on the grounds that they did not properly verify disputed information(as I do not believe the info. could be verified, yet was verified anyways using substandard methods), violating FCRA section 609 by locking me out of my credit file in retaliation of filing suit(amended on to the suit today), and violating FCRA Section 611 for a separate illegal reinsertion rule. Treble damages under the Tennessee Consumer Protection Act, and 6,000 dollars in punitive damages for stress, embarassment, lost loans, etc..

They tried to get a continuance on the basis that it was the day before Thanksgiving, I objected, as I'm moving to Oregon next month. Their motion for a continuance was denied, as they sent a representative to the court to request the continuance(thusly rendering their argument that they needed a continuance due to them not being able to get a rep. up to the court today invalid).

Took the stand, presented me case...judge gave me all the time in the world...I was done, and he started asking questions...guy was REALLY interested in my presentation and what the FCRA stands for, the rules associated with it, etc.(always a bonus).

EQ's rep. attempted to talk...judge told her she COULDN'T because she wasn't recognized by the Tennessee Bar Association, and only recognized attorney's may speak on behalf of a corporation in a trial. Since she wasn't, she had to sit her a$$ back down...not that it would have made any difference. She tried to argue, judge told her only way she could talk was if *I* called her as a witness, and asked me if I wanted to(sort of...his wording was "And you don't want to call this woman as a witness, do you?". Said I had tried to play nice with these guys for 6 months and they refuse to take me seriously, so I'm done taking them seriously or playing nice, and that she could just keep her butt planted in her chair.

When it was all said and done, yours truly was granted a judgement from the WONDERFUL judge in the amount of.....

NINE......THOUSAND....DOLLARS.

He gave me 1,000 each for each of the 3 FCRA violations, treble damages under the TCPA, and denied my request for 6,000 in punitive damages...apparently I couldn't claim those, even though he said he was profusely apologetic for the trauma EQ has put me through and said he understood my frustration, he just couldn't give it to me.

But wait, there's more! EQ is STILL on the hook for violating the 15,000 dollar liquidated damages provision for illegally reinserting a previous tradeline.

The only downsides are

A) the judge said he also couldn't order EQ to remove the tradelines from my credit report, and that I would have to file a separate claim in Federal court or Chancery court to get an order for that.

B) EQ has 10 days to appeal the ruling, as they did not get to speak at the hearing. Not that it will make a damn bit of difference. I'll argue that they knew full well that they were required to send a licensed attorney to speak on behalf of them, and as a multi billion dollar organization, there's no way someone should reasonably believe they didn't know something so basic, and will argue that they DIDN'T send a licensed attorney in an attempt to FORCE a continuance after their motion for one was denied.

WEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE! :BigDance:

Share this post


Link to post
Share on other sites

That's awesome Xan! So, how do you go about collecting the liquidated damages? Do you have to go to court, or do they just have to pay? Sounds like you really put them through the ringer!

Share this post


Link to post
Share on other sites

Well, the provision stated that they would waive all legal claims to dispute the provision, so I SHOULDN'T have to go to court, but I'll have to, because these guys are puds, and just refuse to admit defeat to me. Will have to get an attorney and file for that in Federal Court.

Share this post


Link to post
Share on other sites

Congrats Xan!

You are living proof of something I have been advocating for years: you CAN do this yourself.... and win!

Share this post


Link to post
Share on other sites

WOW!! :shock:

I want to be like Xan when I grow up..heh heh..

What I need is a good Tennessee Judge up here in the Cascades. :)

....KK

Share this post


Link to post
Share on other sites

THAT is SO SWEEET!!! Congratulations!

Just goes to show if you don't back down and you know you are right that you can prevail.

Share this post


Link to post
Share on other sites

Xan, you are an inspiration. Making my $5k small claims suit with an OC look like a coffee break :)

Congrats on the win. Maybe they'll understand this time that the liquidated damges provision you insist on is because you are playing for keeps.

Share this post


Link to post
Share on other sites

I would guess it stands for Tennessee Consumer Protection Act.

Prolly be able to find it with a google...

....KK

Share this post


Link to post
Share on other sites

You gottem' xan! CONGRATULATIONS!!! :D

That is about the best news I have heard in a long time!

Here's to you 9 times plus 1 for luck! :wink:xbeer2)xbeer2)xbeer2)

xbeer2)xbeer2)xbeer2)

xbeer2)xbeer2)xbeer2)

xbeer2)

:woohoo::BigDance::woohoo:

:notworthy: Now your my hero! :notworthy:

Share this post


Link to post
Share on other sites
Wow!!!! THat is so cool!! Awesome! You should go to law school.

Kristy

The really sick thing is....I'm seriously considering it.

I seem to have a knack for this crap, except for needing to learn how to read legalese. Maybe I can call it a foreign language :p.

Share this post


Link to post
Share on other sites

Wahoooooooooooooo Xan !!

PM me the name of that Judge ;) If I have to haul FUSA into court for FCRA violations next year, I'll angle for your judge !!

Share this post


Link to post
Share on other sites

It was judge Higgins. Whatever you do though, stay away from Judge Evans...what a royal pain that woman is.

Share this post


Link to post
Share on other sites

Way to go!!! Now you can afford to send me that bottle of booze you've been promising me........ ;)

Share this post


Link to post
Share on other sites

It's awesome that you won. I'm impressed with all the info that is listed on this site. It is so helpful. Maybe yourself or someone else reading can answer. I recieved a $5000.00 through a terrible company (Cash Call). I have since July run into some financial hardships & not made a payment since July. Cash Call has left all types of threatning messages on my work, cell & home phones. They have also went as far as to call my supervisor & told him to have me call them or else a summons will be sent to my job. (how embarrissing). It should be some rules that they have to follow. They are the original creditor & are not utilizing a collections agency to try to collect payment. What should I do? I'm in IL

Share this post


Link to post
Share on other sites

Welcome Makayla :)++

Did you realize you brought up a post that is over 3 years old? :shock: That's ok though, I'm sure the info will seem new to many of the recent members.

As far as your situation is concerned. When did they first contact you? Did you receive something in the mail notifying you of this debt? Who is collecting the Original creditor or a collection agency? You have the right to dispute any and/or all information in regards to the debt as well as the manner in which it is being collected. You need to start on the "Debt Validation" process right away. Go to the top of the forum and click on the "debt validation" link. Also read the forum under this section. Whatever you do do NOT talk to any of these people as they will try and intimidate you into paying what may or not be your debt. They should not be contacting any third party in regards to your debt unless they have no means of contacting you and based on what you have said, they do. Continue to read up on these sections as well as the "FDCPA".

Makayla, might I suggest you start a new thread with more information, answering some of these questions for example, regarding your situation. Please post under the collections forum and you might get more people to chime in on your situation.

Good Luck!

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.