kitefish Posted March 6, 2011 Report Share Posted March 6, 2011 I defeated a JDB in July of 2009,it was dismissed with prejudice,yay!Not so yay is that after disputing it,it continues to show up on my credit report as a factoring/collections account.The amount I dispute is around 16 K,so it does affect my job search in a tight job market.I've contacted a naca firm,but I'd like to ask the forum's members what they think.Is this a single cause of action,or do I have 20 months of injury to claim? Link to comment Share on other sites More sharing options...
willingtocope Posted March 6, 2011 Report Share Posted March 6, 2011 This is an FCRA violation (reporting incorrect data). You probably do have a significant claim. Link to comment Share on other sites More sharing options...
kitefish Posted March 6, 2011 Author Report Share Posted March 6, 2011 I was thinking it could be close to the original counter claim of 2k state violations and 25k punitive in the suit they initiated.Edelman,here I come! Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 8, 2011 Report Share Posted March 8, 2011 I like your spirit, I would love to sue the SOB's suing me who have sued me, put me to alot of worry, and not come forth with any proof to back their claims.What you have to remember is that filing a lawsuit against them would probably require a lawyer. It is one thing to defend yourselves against the JDB's that rarely have any evidence to back their claims. You have obviously proved that to be quite possible, you beat them. Filing a suit might be something you could do without a lawyer, I have no doubt alot of time and effort would be needed to equip yourself with enough knowledge to go forward, but if your will and character makes that no issue then it is in your court as far as filing and probably having a winnable case.But here is the bad news. Even if you win a judgement against the scumbags, you then have to COLLECT that judgement from them. The court will provide little assitance to actually enforce the judgement. I would almost assure you that you would have to hire a lawyer to have any chance of actually being able to collect the judgment.If your bloodthirsty, then go get the creeps, but again getting a judgement and actually collecting on it are two different things. Link to comment Share on other sites More sharing options...
kitefish Posted March 8, 2011 Author Report Share Posted March 8, 2011 Edelman sent me a retainer agreement,It's on !I'll update as things happen.Just happy to kick them in the knickers.<g> Link to comment Share on other sites More sharing options...
kitefish Posted March 11, 2011 Author Report Share Posted March 11, 2011 What do you think the damages should be?It certainly hinders my (2nd) job search.Or can the JDB claim bona fide error ? Link to comment Share on other sites More sharing options...
jackson212 Posted March 12, 2011 Report Share Posted March 12, 2011 how is it hindering your job search? has an employer pulled your credit report? Link to comment Share on other sites More sharing options...
kitefish Posted March 12, 2011 Author Report Share Posted March 12, 2011 the company that I wish to apply to pulls credit reports on all candidates.I have two other derogs that are due to fall off in April,and this last one I have disputed and it still reports on Experian. Link to comment Share on other sites More sharing options...
jackson212 Posted March 12, 2011 Report Share Posted March 12, 2011 i think FCRA is a harder beast to tame than FDCPA. its not strict liability like FCRA. so it will be up to you to show damages. its almost a no-brainer that if you prevail on FCRA you should also be able to prevail on FDCPA.but if you're going to argue that its hindering your job search, you need to show how. Link to comment Share on other sites More sharing options...
kitefish Posted April 3, 2011 Author Report Share Posted April 3, 2011 Well,as it turns out,Equifax finally deleted the item,so I don't have a cause of action.Good news for the larger purpose of cleaning up my credit.These guys are such tools that I am sure someone else will nail them. Link to comment Share on other sites More sharing options...
Recommended Posts