Kevin001 Posted July 14, 2006 Report Share Posted July 14, 2006 I just lost in court on charges of violations of Method of Verification (MOV) to trans Union and have a hearing for Experian for the exact same thing in two weeks. I filed the lawsuit in Small Claims and TU never responded to complaint, but did send a representative to appear. TU Rep said that they are not required to identify third party furnishers to the Judge. I sued for violation on the following California Civil Code Law:CCC §1785.16(d)(4) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the consumer credit reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information ....The Judge said that the courthouse was the furnisher of information and did not think Trans Union was required to disclose third party verifications. Since I was unpreparted to identify specifics on a "furnisher" and a "third party" verification, and case law I lost. Now I have Experian in two weeks with most likely the exact same judge.Any Advice?Thanks,Kev Link to comment Share on other sites More sharing options...
Carolinablue Posted July 14, 2006 Report Share Posted July 14, 2006 Wow...that's a bunch of BS!!! Why wouldn't they have to give you the proper MOV??? Link to comment Share on other sites More sharing options...
hannah Posted July 15, 2006 Report Share Posted July 15, 2006 He lost because he was in Small Claims court with a judge that wasn't competent to decide the issues plus the fact that you weren't prepared with statute and caselaw. Can you appeal? Sue in Circuit Court at the least. Federal is best for these types of cases. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 16, 2006 Report Share Posted July 16, 2006 What was it you were disputing? A judgement? Link to comment Share on other sites More sharing options...
Kevin001 Posted July 16, 2006 Author Report Share Posted July 16, 2006 I Charged them for failure to identify a third party verifying the judgement. The issue was not that the judgment was accurate, it is, but that Trans Union refused to identify all those contacted in connection with the verification of the Judgment. The guy from Tans Union told the judge that they are not required to do that and the judge bought it and said that the court was the furnisher of the information. I now have another identical lawsuit with experian in two weeks and I'm going to have an uphill battle to convice the judge he interpreted the law incorrectly. This is the MOV so much talked about on these boards and I just lost on it.Of course all was not lost. In six months time I turned a 582 fico score into a three fico average of 757 with Equifax over 800. These lawsuits were just part n parcel of an entire credit restoration objective. Thing is I don't like to lose. If Experian offers me a delete for them not driving 7 hours from Southern California I will take it (I think). I really don't need the points I guess, unless I want two 800's instead of one ....Thing is we need to know how to win these cases.Kev Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 16, 2006 Report Share Posted July 16, 2006 You are lucky you were in small claims court. Anywhere else, you would have exposed yourself to sanctions for bringing a frivilous suit. Asking for an MOV on a judgment you know to be yours and an item ou know to be accurate? Absurd, imo Link to comment Share on other sites More sharing options...
Raysway Posted July 16, 2006 Report Share Posted July 16, 2006 Just curious, but...What was the ORIGINAL basis of your dispute that you required TU to verify? That it was satisfied or that it was not yours? I am certainly no expert, but if its the latter and the account WAS reported 100% correctly you may want to seriously consider Recovering Attorney's previous post and tread lightly...especially if its going to be heard by the same judge. Your scores appear great. Is this an old judgement?Just a thought, bro... Link to comment Share on other sites More sharing options...
MasterP_Nice Posted July 16, 2006 Report Share Posted July 16, 2006 In part I have to agree with RA. It does seem a little bit silly to sue for an FCRA 611 violation if you know the TL is accurate, but fair is fair and they are required to disclose how they get their information.I guess you could've tried to look up any FTC case opinions to point out to the judge that administrative interpretation of the law is on your side (I believe the SCOTUS just ruled that courts are permitted to look at administrative opinions in determining intent of the statute).Back to the point... you could try and ask for a peremptory challenge to see if a new judge would see the case differently. Try to call the court clerk and see if they can set something up for you.Good luck!!! Link to comment Share on other sites More sharing options...
hannah Posted July 17, 2006 Report Share Posted July 17, 2006 You really couldn't expect anything more from a small claims judge. They are there to adjudicate cases in a timely and quick manner. Like I said before, get this in front of a federal judge who knows more about the FCRA than a small claims judge. You need to appeal to a higher court or remove to federal. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 17, 2006 Report Share Posted July 17, 2006 Do that and the judge will spank you Link to comment Share on other sites More sharing options...
hannah Posted July 17, 2006 Report Share Posted July 17, 2006 Do that and the judge will spank youOnly if he still can't quote statute and caselaw... Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 17, 2006 Report Share Posted July 17, 2006 I guess there are a lot of windmills left to tilt. Link to comment Share on other sites More sharing options...
admin Posted July 17, 2006 Report Share Posted July 17, 2006 Link to comment Share on other sites More sharing options...
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