bluealex915 Posted December 8, 2004 Report Share Posted December 8, 2004 I guess the title says it all. I have a court date in about a week and good ol'e Experian and Carla Blair has not attempted to call me to settle or talk about the case. I was just wondering do the CRA's ever forget to show up for court. My case is a small claims case in Utah and I am suing for just over 4,000.00 dollars. I guess I might be a small fish to them but who knows.I am preparing my case and documents dilengently and becoming very orginized. I have got a copy of the FCRA ready for judge to look at. Either way I will be ready for them. I guess it would be a good thing if they forgot about me though, default judgment for what I am suing for. So anyway I was just wondering if anyone knows if the CRA's have ever not shown up for court.Thanks........................... Link to comment Share on other sites More sharing options...
admin Posted December 8, 2004 Report Share Posted December 8, 2004 Just hang in there, ya never know....Kristy Link to comment Share on other sites More sharing options...
bluealex915 Posted December 8, 2004 Author Report Share Posted December 8, 2004 Thanks,I will stick it out until the end. I dedicated alot of my time writing letters, filing complaints with the FTC and BBB, going to the courthouse and so forth. I have gone to far so Experian will have a fight on thier hands. I have listened to all the advice from others and will be applying it in court. I really don't know what defense Experian could use here or in any other FCRA case. The law is so straight foward and black and white, either they comply or they don't. In my case they did not. I have copies of everything, letters, mail receipts and a copy of the FCRA ready for the judge with the applicable parts highlighted for him. I work in law enforcement and have been infront of the court for several work related issues so I know what kind of courtroom demenaor is favorable. Well, I will let every one know how it goes.Thanks again for everything.......................... Link to comment Share on other sites More sharing options...
Xanathos Posted December 8, 2004 Report Share Posted December 8, 2004 The CRA's all use one universal defense with regards to investigations: That the mile long stack of prevoius court rulings that state they do not go far enough to investigate disputes are wrong, and that Experian did all it was required to do, as it is simply a provider of information from credit furnishers.Carla, to be blunt, is a real piece of work( I refrain from calling her a worthless bitch only on the grounds that I do not wish to insult the many good female versions of man's best friend). That woman will lie, cajole, etc. all day long. No morals whatsoever. If you sue on the grounds of them not sending you an updated credit report, they'll try the "well we sent it, it must have been lost in the mail". Be prepared to counter that somehow. In my case, it was a simple matter of asking the arbiter how many times in the past has he had a piece of mail lost over the course of his entire life...and then pointed out that Experian is claiming it happened to me 3 times in the span of 6 months.On previously investigated grounds, they like to pull out that rule that says they can refuse to investigate if they deem it to be frivolous. Simply point out that the CRA has to be able to REASONABLY determine that the dispute is frivolous, and since they never stated that was the reason they were not investigating--and also since they never properly investigated in the first place--that they would have no way of reasonably determing that. Link to comment Share on other sites More sharing options...
jordanmorganusa Posted December 9, 2004 Report Share Posted December 9, 2004 Erm, can't ya'll file against her (Carla Blair) as an individual in the suit? SOMEONE has to catch this woman in a whole mess of untruths and then stick it to her... Link to comment Share on other sites More sharing options...
CRDTNogood Posted December 9, 2004 Report Share Posted December 9, 2004 They may remove it to Federal on the day before your small claims hearing... Link to comment Share on other sites More sharing options...
bluealex915 Posted December 9, 2004 Author Report Share Posted December 9, 2004 Well, if this goes to the federal level I will need to do some more homework on federal procedures. I have read my butt off studying my states rules of civil procedure for small claims so I am ready there. I will keep my fingers crossed.Thanks............ Link to comment Share on other sites More sharing options...
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