takeahike Posted March 7, 2007 Report Share Posted March 7, 2007 I have filed a motion to dismiss, pro se, against a credit card company for failure to produce documents, insufficiency of the pleadings, and harrassment. Plaintiff is the original cc company, being represented by local (within 60 miles) attorneys (who are awful! -- Plaintiff's counsel didn't even show up on the original hearing for the complaint! My motion to dismiss was reinstated on their motion.) Specifically in this motion to dismiss, I asked for an itemized bill of particulars. The motion was heard 2 weeks ago and was continued to give the cc company more time to comply with discovery. After 2 1/2 months of getting NOTHING from them (they were ordered by the court in December to produce this documentation), I was amazed at the court's continuance. Nevertheless, here I am. My question: In my prayer for relief, in addition to asking that the court dismiss w/prejudice, I ask for the CRA to remove all negative info relating to this case and the alleged debt from my reports. The court suggested 2 weeks ago that there was no "call" to do so. I am assuming plaintiff will have no discovery in hand on Friday. If that is the case, does this not count as failure to validate the debt? Can't I show that under the FCRA that this constitutes the plaintiff's failure to comply? Also, I asked for $1000 in punitive damages. Does that also not fall under willful noncompliance?I have been appearing since August 2006 on this matter and plaintiff has been half-heartedly pursuing this case. That the court would seem to give plaintiff lenience on this is beyond me. Whatever. Any other suggestions on this would be most appreciated. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 7, 2007 Report Share Posted March 7, 2007 You may have a separate cause of action under FCRA for their reporting it, but the judge cannot order them to remove it as " damages" in a money case. Link to comment Share on other sites More sharing options...
divemedic Posted March 7, 2007 Report Share Posted March 7, 2007 You CAN get injunctive relief in an FCRA case. Link to comment Share on other sites More sharing options...
takeahike Posted March 8, 2007 Author Report Share Posted March 8, 2007 Thank you for the replies, but now I'm confused. Under section 611 of the FCRA, it states that if the info can't be verified that it has to be removed. If the OC has sued me and can't verify the info, shouldn't I be able to point that relevant section out to the court and ask that the OC be ordered to notify all three major CRAs to remove the info? Does this have to be done through a separate suit against the OC, or can I bring a copy of the FCRA to request this as injunctive relief, as suggested here.Thanks!! Link to comment Share on other sites More sharing options...
IHateCAs Posted March 8, 2007 Report Share Posted March 8, 2007 Thank you for the replies, but now I'm confused. Under section 611 of the FCRA, it states that if the info can't be verified that it has to be removed.Can't be verified in response to a CRA dispute. You have not disputed to the CRAs. If the OC has sued me and can't verify the info, shouldn't I be able to point that relevant section out to the court and ask that the OC be ordered to notify all three major CRAs to remove the info? If you were countersuing on an FCRA claim, yes. You are not, and it's too late for you to do so in this current suit. You can file your own action at anytime though ASSUMING you have disputed the TL with the CRAs previously within the last 2 years. If not, you must do so right now. Link to comment Share on other sites More sharing options...
takeahike Posted March 9, 2007 Author Report Share Posted March 9, 2007 Aha. Got it, thanks! Link to comment Share on other sites More sharing options...
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