jcro Posted March 17, 2005 Report Share Posted March 17, 2005 Ok, I have some stubborn acounts that wont come off and have already recieved the "previosly investigated" letter from TU.I have sent some CA's "not mine" letters and ITS letters.what do you brilliant people think about suing just for deletion because the cra wont prove to you that a paid account was not yours in the first place?Suing in small claims, do you have to go for monetary value or just to get the judge make them delete?i'm think a CA wont show up for a small amount or just deletion because they are from out of stateHave any of you ever heard of this?Will a judge direct them to delete the account fro cr's? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 17, 2005 Report Share Posted March 17, 2005 I wouldn't just sue to sue. What do you have to show that the accounts aren't yours or that they haven't investigated properly?In small claims, the max is usually 3-5k depending on the state and these courts typically can't force a business to remove a tradeline. The CA may or may not show up, it depends on the CA. What exactly are you suing for? Link to comment Share on other sites More sharing options...
jcro Posted March 17, 2005 Author Report Share Posted March 17, 2005 I wouldn't just sue to sue. What do you have to show that the accounts aren't yours or that they haven't investigated properly?In small claims, the max is usually 3-5k depending on the state and these courts typically can't force a business to remove a tradeline. The CA may or may not show up, it depends on the CA. What exactly are you suing for?this one particular ca does not have or will not show any contract or signed bill or anything on this paid collection account and I came up with the idea of filing a small claims case for just deletion and no money - I know it sounds weird - her's my thinking: A ca won't put the time or money for a lawyer or rep. to go to court to defend something that will cost them little in terms of a judgement.If a ca is putting something on your report that is not yous or they cannot prove it is yours, wont a judge order them to delete it, since it is not yours? Link to comment Share on other sites More sharing options...
Methuss Posted March 17, 2005 Report Share Posted March 17, 2005 Small claims judges can't enter injunctive orders as far as I know. You have to at least go to the circuit court level for that.What you are proposing is a dangerous game if the items really are yours. If the judge even gets a hint of scent that you are trying to decieve the court, you could end up being sanctioned (fines and/or jail). You use the courts only to correct inaccuracies that the furnisher refuses to correct voluntarily.However if the accounts are being listed wrong, by all means sue TU for refusing to investigate. BTW. They can't just say "previously investigated" anymore so long as you provide new information for them to investigate. They have to tell you your request is frivolous and why it is frivolous. Link to comment Share on other sites More sharing options...
jcro Posted March 17, 2005 Author Report Share Posted March 17, 2005 However if the accounts are being listed wrong, by all means sue TU for refusing to investigate. BTW. They can't just say "previously investigated" anymore so long as you provide new information for them to investigate. They have to tell you your request is frivolous and why it is frivolous.Thanks, Man. is this in the fcra? Link to comment Share on other sites More sharing options...
Methuss Posted March 17, 2005 Report Share Posted March 17, 2005 Yup. Sure is. Section 611(a)(3) et.seq. Link to comment Share on other sites More sharing options...
devil21 Posted March 18, 2005 Report Share Posted March 18, 2005 Also, small claims courts can't order anything remotely injunctive so they will not order the CRA to remove the tradeline. Its just not in their power. Link to comment Share on other sites More sharing options...
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