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shaneIrish

Update..I just won this suit:

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I just won this suit:

They accepted my settlement off and I dropped the suit against them.

You can read the case history below:

1. Paid off my CC in May/2003 ($4700)

2. Did not look at my CR until 10/2003, noticed that the OC still had me owing an overdue $4700 balance, affecting my CR negatively. (also listed as charged off)

3. Disputed it through Equifax in 10/2003,OC falsely verified as correct.

4. 11/2003, Sent OC receipts plus the copy of the bank check I used to pay them off proving a $0 balance as of 5/2003. (certified mail of course)

5. Redisputed through EQ, OC AGAIN verifies it as correct AFTER receipt of my letter proving a $0 balance. In a good faith effort, I offered to not file a lawsuit against the OC as long as they removed my tradeline from all 3 CRA's and never to reappear again.(sent certified, no reply from them)

6. Filed in small claims, FCRA violation. Subpoenaed EQ for all documents and records relating to this.

7. Redisputed again in 12/2003, same day I filed my suit, OC a 3rd time verified the $4700 as correct.

8. OC gets my summons, then mysteriously and without me disputing a 4rd time, the $4700 changes to $0 on my credit report.

9. I get my subpoenaed documents from EQ, They are two dispute form faxes that the OC verified and signed and sent back to EQ:

The OC verified a $4700+ balance 3 times, Oct/2003, 11/2003 and 12/2003. When in fact the balance was $0 as of 5/2003 and they have proof of that.

Under the signature line it states "We certify that the information above is correct"......I like that word "certify".

Pretty much cut and dry that I will win. My settlement offer is to have the tradeline removed from all the CRA's,my fee's and some cash.

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EXCELLENT summation of your case! You're keeping it short & simple and sticking to the facts. Good luck and best wishes for a successful case!

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They kept falsely verifing it with a $4700 balance.

The only thing I wanted was was it removed from all my credit files.. it was the only bad mark in my file..the defendants lawyer told me to dispute it again and they will ignore all the disputes, thereby removing the tradeline!

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Ask your lawyer about a liquidated damages provision in case they "re-report".

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I think Shane is saying in his first and subsequent posts that the OC accepted his settlement offer of deletion of the TL, courts costs/fees (it was in Small Claims so no attorney's fees), and cash. Based on their acceptance of his settlement offer he dropped the suit. Would be nice to know, though, if the OC kept up their end of the agreement.

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Congrats!

What was the violation? I ask because I settled out an account and but I think my Transunion still shows a balance for the difference when there should be none.

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What was the violation?
It's all spelled out in the first post. Dates back to January 2004, but Shane never came back to tell us if the OC held up their end of the bargain. Inquiring minds need to know.

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I would like to know how you serve someone for Small Claims court. Like a big corporation who is not located in your county.

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I would like to know how you serve someone for Small Claims court. Like a big corporation who is not located in your county.
They will have a registered agent for service in your state. Check your state's website.

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They will have a registered agent for service in your state. Check your state's website.

I'm sorry, I meant that the corporation is not in my entire state. I've been through this before, I called the Small Claims Court and the Secretary of State and they said there was no way to sue a company in Small Claims who is out of state. I would have to travel there to where their headquarters are.

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Ponzied, this is why I advocate never suing in small claims. The clerks are idiots. They are stupid, stupid individuals.

The next time they say that, tell them that it sounds like they are giving legal advice.

If they are going to operate in your state, they must have a presence there and be registered as a foreign corporation. They must also have a registered agent. Address the summons to the RA or the corporate HQ, or just sue in federal.

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Ponzied: It might be helpful if you could give us a little bit more info. Does this corporation operate or do business in your state? Even if it's a cc company with headquarters in another state, they are still considered to be doing business in your state.

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Sending off my disputes on the balance and status tomorrow. Let's see how it goes. I have good documentation and receipts on the settlement just incase.

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