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No Assistance from Lawyers. What's My Next Step??


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I have been on this same path (trying to file a lawsuit) for the past 5 months now & I'm still where I started from. Since then, I have only found 2 lawyers that had some type of interest in helping me, 1 of which who just graduated from law school 2yrs ago & has less knowledge about the FCRA than I do...and even less knowledge about the FDCPA. The other lawyer was a LOT more enthusiastic about helping me, but unfortunately, her schedule just got too busy to focus on my little ol' case. Where do I go from here? Here's the info on my case...

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=33575&highlight=

Is there any way I can proceed w/ a case WITHOUT using a lawyer? Is it even possible to do this alone for A$$et to even take me seriously???

I've read about pple settling lawsuits w/ CAs for thousands, but almost all of them were settled by a lawyer on their behalf. In addition to A$$et reporting a TL that isn't mine, the TL was removed from EQ 2 months ago. Yay for me, right? Well...no! They REINSERTED the TL again just 3 days ago. I haven't received a written notice from EQ informing me of the reinsertion just yet. Am I looking @ 2 separate lawsuits now? Please help!!

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I've read about pple settling lawsuits w/ CAs for thousands, but almost all of them were settled by a lawyer on their behalf. In addition to A$$et reporting a TL that isn't mine, the TL was removed from EQ 2 months ago. Yay for me, right? Well...no! They REINSERTED the TL again just 3 days ago. I haven't received a written notice from EQ informing me of the reinsertion just yet. Am I looking @ 2 separate lawsuits now? Please help!!

There are lots of people who have sued and also defended themselves without a lawyer. You absolutely can do it. But it's not always easy, and you need to be really prepared.

You definitely have 2 lawsuits, one against Asset and one against EQ for reinsertion. If you file against EQ, they will prolly delete the tradeline, I doubt if you are going to have to go all the way to court, though you could, definitely.

You need to go ahead and file (in civil or superior court) a suit against Asset. You have them for violations of both the FCRA and the FDCPA. Do you need a template? List the violations for us and we can help you.

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Thank you so much for your help!! I could really use a template b/c apparently, I'm on my own with this one. As for violations, Asset did not respond to any of my DV requests but they verified w/ the CRA when the TL was disputed (continued collection activity??). They are mainly reporting a TL that's not mine (I can't find the FCRA or FDCPA violation, which I am SURE there is one). They WERE reporting as a Factoring Company Account, but now...it's showing as a collection account, 120+ days late.

I got the NC AG involved a few months ago. On their 2nd communication to Asset, Asset FINALLY supplied them w/ some bad internet copy of (what appears to be) a short application for phone service. It had my name, SS#, old address, & old phone #. It was an application that I did not recognize, let alone filled out. A letter (filled w/ hot air) also accompanied the application. In their reply, all they told the AG was that I had disputed w/ them a # of times, when I allegedly began using the telephone service & when it ended, and what the current balance is. Other than the insufficient application, they provided no other proof, not even to the AG. My old phone # was disconnected (months b4 they claim I got their service) b/c I wanted to use my cell as my primary phone. Also, they added @ the end of the letter that they are licensed. So, I checked w/ the NC DOI via email. I learned that Asset just became licensed @ the end of May 2005. They have been verifying this account since I began disputing in February 2005.

As for filing, I have no clue where to even begin. Any other help you can give would be most appreciated. In the meantime, I'll do some more Internet searching.

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I have known people who represented themselves in court... And won...

But the guy I know who made the most progress was a retired Army colonel so he actually had plenty of free time to study and learn how the court system worked.

Unfortunately, he also made a lot of mistakes because of his lack of experience. And from judges who had an axe to grind with him (because they felt insulted that he wasn't a lawyer and constantly scolded him). He actually won a HUGE lawsuit against UPS. In fact, he was able to get a deputy sheriff to start impounding the brown UPS delivery trucks. The UPS lawyers never showed up to court and never took him seriously. UPS then frantically called him up and offered to settle with him if he would sign this paper authorizing the UPS trucks to stop getting impounded.

Once he did sign that paper, UPS [EXPLETIVE DELETED] him over from that point on. They lied, falsified documentation, and got the ruling reversed. And they also got a new judge that happened to get contributions from the law firm that was representing UPS.

If you end up with a judge that hates people who represent themselves who aren't lawyers, then expect to be run through the coals...

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If you end up with a judge that hates people who represent themselves who aren't lawyers, then expect to be run through the coals...

And see...that's a chance I don't want to take. I'm getting so frustrated. I'm starting to think that it would be easier going after the CRA (for not notifying me w/in 9 days (including mailing time) about the reinsertion). All I truly care about is getting this crap removed. I could care less about the $, although it would be nice. :twisted: When I build up enough energy, perhaps I'll try contacting that "busy" lawyer again. *sigh*

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If the item really is not yours, and you are certain of it, you don't need court or a lawyer to resolve this. Your goal is to get it off your reports, right?

You simply go down to the police station and fill out an identity theft report and an affidavit of IDTheft (located here: http://www.consumer.gov/idtheft/pdf/affidavit.pdf). You do not have to know who "stole your identity" to make this claim. And, if it turns out to be a mistake on the part of the creditor or collector mis-identifying you as the debtor, they will be in big trouble with law enforcement.

You send a copy of the report and affidavit to the CRAs and the collector. Once the CRAs get it, they are required by law to permanently supress the item from your credit reports and take measures to ensure it never reappears. Upon receipt the collector is forbidden to report it again and is further forbidden from collecting on it, and selling or transferring it to anyone else.

Non-compliance with this is a huge, huge FCRA violation with big bucks behind it. You'd find more lawyers willing to take it on if the payout is larger.

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