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First time in small claims-any advice from the wise ones


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Hello,

I have Experian on four violations of the FCRA for failing to respond within 15 days to my procedural request letters. I have written them four times so far providing them with documenation and asking them to correct my credit file since they didn't respond in time to my procedural letters.

All these A-holes keep sending me is form letters, it is like they don't even read my letters or review the supporting documentation. I have prepared my 5th and final letter, it is an ITS with a copy of a small claims affidavit attached. I have not filed against them yet but I did want to send them one very serious ITS letter and see what they do.

Any advice from other members who have gone this route will be appreciated greatly.

Thanks again to everyone.................Keep fighting

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You are on-track with the correct response. Many small-claims courts require you to send notice to the other party with your intent to sue and offering them an out-of court settlement prior to actually filing the complaint. It shows the court that you have made an effort to collect your payment for their breach of the law before involving them and bolsters your cause for needing the courts to intervene on your behalf.

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This really belongs in the lawyer forum, but I'll answer it here:

1) They won't respond to your ITS

2) They probably will call to settle after you file suit.

3) The biggest things to remember when you're actually in court arguing your case:

A) Try to keep the whole thing under 5 minutes

B) Bring copies of EVERYTHING with you. Letters you sent, proof they were received, copies of the FCRA that show they had to give you your request for their procedures, everything.

C) Make a point to highlight all relevant text in the FCRA to give to the judge. Odds are, he/she won't even know what the Act is, let alone know what it says. Make it as easy as possible for your judge to follow along with what you're saying. Which also makes it easier for him/her to like you, as you are making their job easier.

D) Try to avoid being overly combative. No name calling, no temper tantrums, no yelling. It's ok to be angry, and to speak with an edge in your voice--believe me, the judge will pick up on it, and logic is that if you're truly angry about something, you really feel slighted and aren't just blowing smoke--but don't go over the top.

E) Shoot for the moon. Don't just file for them not honoring your demand for investigative procedures. File on them for not properly investigating tradelines, for not correcting information after being provided proof, etc. You're never going to get more than you originally ask for, so ask for it all. During settlement negotiations, same rule applies. You'll also never get less than their original offer. Be firm, but reasonable. If you're suing for 5 grand, and your last offer was for 3500, and their counteroffer was 3....do you REALLY want that extra $500 so badly that you're willing to risk the possibility of getting a bad judge, and ending up with nothing? Keep things in perspective.

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