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How long to wait before suing?

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My Ch 13 BK was discharged in 11/07. In February I bought the ebooks and started cleaning up my credit. On my credit report I noticed a credit union had listed my father’s home refinance(from 2001, already paid off) as a TL on my own reports from all three CRA’s. On 2/11 I send disputes to the CRA’s stating that this is not my debt. On 3/9 I started receiving responses back, indicating that the credit union had validated the debt as mine, and they also added the comment “included in bankruptcy”.

So, on 3/11 I sent a letter to the credit union asking them to delete the TL and to LOOK AT THEIR PAPERWORK TO SEE THAT IT’S NOT MY NAME ON THAT LOAN! I sent it certified mail and received the little green card about a week later. I use TrueCredit to monitor changes to my credit reports. On 4/2, I still hadn’t heard anything so I called the credit union to find out what’s going on. They stated that they hadn’t received anything from me, and when I pointed out that I have proof that they signed for my letter, they asked me to fax them the letter and they would “look into it” within the next week.

My question is, how long should I wait before taking them to small claims court? I’m in the process of applying for my first mortgage and I’m concerned that the lender will think I had a mortgage discharged in bankruptcy which will adversely affect my loan. Is one month enough time to show in court that I tried to work things out before suing?

Any insight would be most appreciated.

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Thank you for your reply. I was thinking small claims court, suing for the statutory maximum ($2000 for violations and $3000 for defamation per the ebooks from this site) plus I could offer them to settle out of court. I'll head down to the courthouse next Wednesday to get the paperwork in order, I just wanted to make sure I allowed them a reasonable amount of time to respond.

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