Prepping Lawsuit Against Experian - PLEASE ADVISE

[Mannerheim]

I've got three judgments that Experian is refusing to remove. They have been given all three orders to Vacate on two separate occasions. The first time, they told me that the court wanted them to stay on my report, the second time, they told me that my orders didn't look legit.

Well, it's been 3 phone calls and two letter/orders to try to get these removed, and I'm through.

I've begun drafting my lawsuit, and could use some assistance. In Michigan, small claims court goes up to $25,000, which I assume would more than meet my needs.

As I review the FCRA, I find dozens of applicable items (each violation would then be multiplied by 3).

They are also not accepting an original (true copy) court order. Doesn't that violate something.

In addition, their failure to remove these judgments has kept me from refinancing my mortgage, and at present rate is costing me thousands per year.

How do I best frame my violations, and attach damages?

Thank you for the help!

[codename_fortyseven]

Did you ask for the method of verification? I have heard the CB's often say they call the court in question. I'd ask what number they called, when, and who they talked to and get it in writing.

Then I'd call the courts and verify that they never called and get that in writing.

[admin]

Did you ask for the method of verification? I have heard the CB's often say they call the court in question. I'd ask what number they called, when, and who they talked to and get it in writing.

Then I'd call the courts and verify that they never called and get that in writing.

Record it if possible.

[c m chase]

I actually found it rather easy to get it in writing from the court clerk that they never speak with or verify with the credit bureaus. Apparently, they get a lot of b.s. from people who have wrong items on their reports and are more than happy to say "it's not us!"

Get goody goody with your court clerk. I'm sure his/her email address is out there somewhere. Use it.

[codename_fortyseven]

Heck, record it and get it in writing...CRA's are willfully lying to consumers not only about the way they verify, but the fact that they verified it at all.

Michigan is a one party state, btw...so record away. Heh, if you want to really nail them, don't get a supervisor, but talk to an underling reading off a script. "Sir, we call the court in question and they said they wanted the info on your credit report" Also, get the stuff about the court documents not looking official or whatever and show that to the court's clerk.

I'd get it in writing as well just so I could hold up the statement from the CRA saying "Yup, we called court xyz." next to the court's statement of "Heck, nobody from the CRA ever called here." I wonder who the judge will believe...

Should be interesting.

[Mannerheim]

Thanks for the input!

Don't I have them on other violations (other than not contacting the court)?

They are looking at a court order, and telling me that it doesn't look authentic. How do they have that luxury? If we get a knock on the door from someone with a court order, do we get to say it doesn't look authentic?

Shouldn't they have to assume that it's real?

How do I go after them in a lawsuit... Failure to comply with a court order?

Thanks

[codename_fortyseven]

Maybe willfully reporting false information. Not complying with the laws on correcting credit reports. They were shown evidence that the negative info should be taken off, but balked. What reason do they have to believe that the court documents weren't legit? You can't just say "that looks fake" and disregard it.

You disputed the negative info, showed credible evidence from the court that the info should be taken off, and they refused to correct it still.

Willful disregard of FCRA? That increases the violations to 2,000 or 2500, I can't remember.

[Mannerheim]

Hey, thanks again.

We're do I find the penalties?

Woudn't it be Wilfull disregard for the FCRA x 3? Or would it be a general disregard for the act (x1)?

[codename_fortyseven]

http://www.ftc.gov/os/statutes/fcra.htm#616

617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper

( Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

[Mannerheim]

Hey,

Thanks 47,

That's a big help!