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balebond

Considering suing Asset Acceptance and Equifax

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Upon having a lender pull my credit in May ' 05 I learned that I had a judgment for $16,000 from AA said to have been filed 12/2004. I was never served notice or notified afterwards. Interestingly enough in Oct I sort of DV'd them (had no idea what I was doing then) for one of my accounts (I have 3 with them) but it was never close to $16,000 even all combined. Well, I disputed the judgment online with Equifax and last week the results came in that it was verified but now it's only $1600. More in line with one of my TLs. However, my scores fell probably 70 points and I didn't qualify for the loan. That's how I came about finding this forum :)

So, after learning what to do on this site I prepared to file a motion to vacate the judgement. Thing is there is no judgment. The clerk at the courthouse searched on my name, then Asset Acceptance, the case number given (in both civil and small claims) and could not find the judgement. Considering that I was never served (but they knew how to send me settlement offers), I was never notified of an outcome, and they can't find my last name even anywhere associated with a judgement for the entire county of the indicated court address, I've come to the conclusion that it's bogus.

So, should I sue? Should I contact Equifax directly to expedite having this removed since they're investigation must have been nothing more that contacting AA? Any suggestions?

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Slow down there killer. You probably have actual damages for the loan you were denied, but you want to go slowly and methodically.

Rule #1 is Document EVERYTHING.

Get everything in writing. If you can't prove it, it never happened.

Get paper copies of your credit reports, which should be easy and free, since you were recently denied credit. Write the CRA's and tell them that. "I was denied credit, give me my free credit report."

Hit Asset with the 1-2 validation punch. DV, then dispute the TL's with the CRA's so you can get the auto continued collection violation.

Send your disputes in writing, CMRRR, and I wouldn't go with simply "not mine" If you never had a judgement, say that. If the amounts are wrong, say that.

Of course the CRA's will verify, then you have asset for reporting inaccurate info.

Hit the CRA's with a procedural request asking how they verified the info.

They'll say they went to the courthouse, but they never go to the courthouse. Get a time/day when they say they went to the courthouse or otherwise verified it, get it in writing from the courthouse that the CRA's never verified anything with them, and that you don't have a judgement, and you should have them in a pickle.

FYI, the CA's record all calls, so there is no need to tell them you are recording. I am pretty sure asset does as well, but you might want to double check that. Get a tape recorder and record where/whenever you can.

Find a consumer lawyer in Cali, take this documentation to them, and let them go to work.

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It is my opinion that any consumer atty worth your business should at MOST require you to pay the filing fee. Anyone asking for a 1-2k retainer you should run like hell from, IMHO.

I am sure you should be able to find a consumer atty that will take your case on contingency.

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