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That's It I have had It


gravelgirl66
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I cant take it anymore... I try to be nice to these CA but they are just jerks! I just checked my Experian Report, Mercantile ADJ. just did a HARD inquiry as PP COLLECTION .

The account they are trying to Collect on was DICHARGED last month! I politely called the Lady and said, this account was discharged and I want this Inquiry removed. She said they had no record of it--they just got it in their office last week :evil: Bull Crap! B/c they have another HARD inquity PP Back from December of 2004!

She basically said she would 'close' this issue, but there is nothing she can do about the Inquriy. I am over these people... They are not the only ones either. I probably have 5 PP HARD PULLS for COllections in the last month from various CA.

Can I represent myself in Small Claims? Do I just march down to the courthouse or what? I have no Clue how to even begin? Is there a book or something I should read? If I can handle my BK pro Se, then I think I am not totally stupid, and maybe i can do this? :roll:

Being Nice isnt getting me Anywhere-- does it cost alot of money out of my pocket, b/c obviously I am broke (AKA BK)--

can yall help?

PS I already sent letters to all of them giving them 10days to correct this (little green cards and all) -- No response and its a month later :evil:

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You have to represent yourself in small claims... neither side can have lawyers.

These mental giants have no idea they can be held in contempt.... goes to show you just how uneducated some of these people really are. Did nobody explain this to you during your BK?

Directly from the U.S. Bankruptcy Court: "The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine."

Be sure to file your formal complaints against them with both your and their State Attorneys General, and the FTC, and your BK court.

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so then what do i do? Is there a thread I can read on here on how to file against a CRA?

Do I start with the BK court and just call them up and say I want to file suit against somebody for violatin the BK laws?

I mean I dont want to feel like a jerk walking into the County Courthouse filing small claim against a Creditor. I mean I live in Ji-Bib (thats short for BFE) and these people probably woulndt have a clue as to what I am talking about.

Can you walk me through this?

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Ask if your BK attorney also handles FCRA cases. For willfully doing a non permissable pull of your credit report Mercantile has to pay you $2500 for each pull. There are also punitive and emotional distress actual damages you may claim.

Nice that they are getting you back on your feet at their expense after your BK. Sue them. They certainly deserve it.

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You *might* get somewhere with an FCRA suit, but IMHO you need to pursue this thru the bankrutpcy courts. The BK court is the one that really has jurisdiction over this issue and wields the biggest bat in punishing these ADUBS for their violations of the permanent injunction of the discharge.

You need to file a motion with the BK court to re-open your case (if its closed), and the reason you want to re-open is to pursue contempt actions against the offending creditors.

At the top of this forum I posted a sticky regarding people fighing FUSA and citing case law - the same case law will help you with your contempt case.

You could file an FCRA action too, but the BK contempt will pack more of a wallop.

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