junkey1700 Posted September 5, 2010 Report Share Posted September 5, 2010 I have some questions about suing creditors and credit reporting bureaus? I called the small claims court in New York to inquire about filing a suit against Sallie Mae, Experian and Pinnacle (3 separate suits). The clerk at the court said the defendant has to be in the same state of filing that I could file there (in there state) but would have to do it in person. A friend of mine who is not a lawyer said “ if suing for a violation of a federal act, I should be filing in federal civil court“. The violations are copied from this site and the situations are listed below; Sallie MaeViolation: Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA Section 623 a fine of $1,000.Situation: I sent a 623 letter on August 25 2010 received 8/27 by Sallie Mae, not marked disputed as of today 9/5 Experian Violation: Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) Consumer protection afforded by the FCRA Section 611 Part (A)(1) fine of $1,000.Situation: Disputed the item on May 24 2010 received 5/27 by Experian, sent follow up letter June 30 2010 received 7/7 by Experian, was updated / verified July 26 2010.Note: From the time I disputed until the results of investigation is approximately 60 + days. Pinnacle credit servicesViolation: Sections 616 and 617 of the FCRA talk about how much the fines are for violations of the FCRA (the willful and negligent non compliance), typically $1000.Situation: I sent a 623 letter on May 20 2010 received on 5/24 by Pinnacle, sent follow up June 30 2010 received 7/6 by Pinnacle, deleted item but never responded to dispute within 30 day time limit.Note: Willful neglect for not responding within allotted time frame.How do you actually go about filing a suit against a violator of the fcra ?What court to file in (Federal or …) ? Any help or advise would be appreciated to help me sue the above company‘s! I want to put them over a barrel and spank as hard and long as I can.. To open the door for the next person, so maybe just one other person’s life / experience will be easier than mine… Link to comment Share on other sites More sharing options...
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