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new suit 1681s-2 address

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I have a lawsuit coming up this week. I am looking for case law, or any comments & suggestions.

I am suing in small claims (not the best jurisdiction) for violation of 1. US [15 U.S.C. § 1681s-2] (B) Duties of Furnishers of Information upon Notice of Dispute.

I disputed 2 accounts with Byron & Davis with Equifax. Eq verified, then I sent letters to Byron & Davis which came back undeliverable.

Anyone sue over a bad contact address on their report??

From my Bill of particulars:

Basis for claims:

The basis for relief is: the defendant verified incorrect information. Specifically the agency contact address, which is invalid.

This is clearly established by the letters mailed to the defendant which were returnd: undeliverable as addressed.

The dispute confirmation from Equifax clearly states they contacted the source of the record directly. As a data furnisher to Equifax, the defendant is responsible to maintain the accuracy of any records furnished to Equifax. The collection record furnished to Equifax contains an invalid contact address for the defendant.

The actions violate:

1. US [15 U.S.C. § 1681s-2] (B) Duties of Furnishers of Information upon Notice of Dispute.

Sum demanded:

1. 2000.00 (1000.00 per account) for Statutory damages under:

15USC § 1681n. (a)(1)(a)

Civil liability for willful noncompliance

I have included the following documents in addition to the documents supplied with the original bill of particulars.

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I have a lawsuit coming up this week. I am looking for case law, or any comments & suggestions.

I am suing in small claims (not the best jurisdiction) for violation of 1. US [15 U.S.C. § 1681s-2] (B) Duties of Furnishers of Information upon Notice of Dispute.

I disputed 2 accounts with Byron & Davis with Equifax. Eq verified, then I sent letters to Byron & Davis which came back undeliverable.

Anyone sue over a bad contact address on their report??

From my Bill of particulars:

Basis for claims:

The basis for relief is: the defendant verified incorrect information. Specifically the agency contact address, which is invalid.

This is clearly established by the letters mailed to the defendant which were returnd: undeliverable as addressed.

The dispute confirmation from Equifax clearly states they contacted the source of the record directly. As a data furnisher to Equifax, the defendant is responsible to maintain the accuracy of any records furnished to Equifax. The collection record furnished to Equifax contains an invalid contact address for the defendant.

The actions violate:

1. US [15 U.S.C. § 1681s-2] (B) Duties of Furnishers of Information upon Notice of Dispute.

Sum demanded:

1. 2000.00 (1000.00 per account) for Statutory damages under:

15USC § 1681n. (a)(1)(a)

Civil liability for willful noncompliance

I have included the following documents in addition to the documents supplied with the original bill of particulars.

When you disputed with Equifax, what exactly was the basis of your dispute?

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I disputed

They were both disputed as “I have no knowledge of this collection” “please

verify the details of this collection”

I sent Equifax a copy of the undeliverable letter and they treated it as a new dispute and just verified a second time. I doubt they even read it.

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To be honest, I'm not sure the basis for your dispute has to do with an incorrect address provided by the CA.

You disputed saying you had no knowledge of the collection. You didn't dispute incorrect information. As a result, how the CA be "willfully noncompliant" for incorrect information when that's not what you disputed?

Just something to think about.

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I asked them to verify the record on my credit report. If I disputed the amount as inaccurate does that mean they can use a fictitious name since that is not what I disputed. Of course if that was the case I could still contact them at the address that Equifax gave me as their legal address. I believe they moved, why should they update their address on all the credit reports they are reporting on? Whatever they verify on the record should be accurate.

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I asked them to verify the record on my credit report. If I disputed the amount as inaccurate does that mean they can use a fictitious name since that is not what I disputed. Of course if that was the case I could still contact them at the address that Equifax gave me as their legal address. I believe they moved, why should they update their address on all the credit reports they are reporting on? Whatever they verify on the record should be accurate.

I agree. Their details should be correct. But, disputing an account based upon "no knowledge of the account" is not the same as "incorrect location information". According to Equifax, the account was verified based upon the nature of your dispute. They verified that the account exists and that it's your account, which is basically what you disputed.

I'm just giving you a possible argument they might use.

I'm not saying they've proven they have a right to report it. That's a different matter.

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Like others, just to throw out the worst case. I realize it's small claims so doubt a ton of this will present itself.

What's your response when the collection agency says they updated or verified their correct address with the credit reporting agency, however, it's the credit reporting agency that provided the incorrect info on your report. Therefore, your suing the wrong party.

Total garbage of course, but keeping in mind what is hearsay, how would you prove different. You do have zero shot at the willful non compliance part of the suit.

Your credit report is hearsay.

Your letters to the CRA are hearsay.

Your returned letter from the creditor is hearsay.

Your verbal communications with the CRA are hearsay.

Communications between the creditor and the CRA are hearsay.

You disputed as no knowledge of the account, the account having an incorrect address has no bearing if the account belongs to you or not.

The FCRA is not strict liabilty, so your not going to be able to tie a bad address to a no knowledge of the account dispute to trigger an automatic violation.

You have no persumption of being the least sophisicated consumer under the FCRA.

You can't testify to the business records keeping, reporting, and communications for the CRA and/or the creditor. You have what you think, believe, and feel. In other words irrelevent.

At the end of the day you have a returned letter(s) as undeliverable and addressed to a collection agency. You have no proof who dropped the ball on the address, you have no way of testifying to conversations about your account, and you have no way to authenticate the credit report.

Finally, as much as I hate CA and JDB, suppose you acheive the unthinkable and win in small claims, damages? What are your damages. It's no less than 100.00 and up to 1000.00. Ask yourself if you really think a judge is going to award you more than the minimum because you disputed the account as no knoweldge and stumbled onto a bad address on the report.

Other than those matters to take into account, it looks like a strong case.

If I were the creditor, as much as I hate to pretend that, I would remove your case to federal court where there are strict rules of evidence.

I would pay the 350.00 filing fee, make an offer of judgement for 100.00, and hope you did not take the offer. Then when you are awarded 100.00 or you lose the case outright, due to no admissible evidence, your stuck with all my legal fees and costs since I made you an offer of judgement.

Edited by Coltfan1972
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I sent Equifax a copy of the undeliverable letter and they treated it as a new dispute and just verified a second time. I doubt they even read it.

This is willful noncompliance. I would contact a NACA attorney and see if they will take your case on contingency. Initial consultations are free.

Edited by Downto0
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Like others, just to throw out the worst case. I realize it's small claims so doubt a ton of this will present itself.

What's your response when the collection agency says they updated or verified their correct address with the credit reporting agency, however, it's the credit reporting agency that provided the incorrect info on your report. Therefore, your suing the wrong party.

Is not the burden of proof on them? If they show proof Equifax did not contact them, that will help my case against Equifax

Total garbage of course, but keeping in mind what is hearsay, how would you prove different. You do have zero shot at the willful non compliance part of the suit.

I am alleging willful noncompliance based on the CA Byron & Davis being a credit expert since they also offer credit repair on their website. I think they moved don the street and did not want to go through the expense of updating all their collection records.

Your credit report is hearsay.

Your letters to the CRA are hearsay.

Your returned letter from the creditor is hearsay.

How is the returned envelope hearsay? I will submit the relevant evidence is the stamp by the post office that it is undeliverable?

The letter is sealed and will remain so for my case against Equifax.

Your verbal communications with the CRA are hearsay.

I am submitting the written dispute results where it states to contact the CA at the specific address where it is undeliverable. That address is provided so the consumer can contact them.

Communications between the creditor and the CRA are hearsay.

You disputed as no knowledge of the account, the account having an incorrect address has no bearing if the account belongs to you or not.

Not relevant since I contacted them in writing at their provided address for disputes. When they bring up the account, I will ask them to produce a copy of the letter they mailed me in response to my letter to them. Of course there is not one.

The FCRA is not strict liability, so your not going to be able to tie a bad address to a no knowledge of the account dispute to trigger an automatic violation.

I will submit to the court that the name and contact information should be the basic standard for any I submit to your honor that the underlying debt is a separate issue

You have no persumption of being the least sophisicated consumer under the FCRA.

Hmm, you got me here. Why not?

You can't testify to the business records keeping, reporting, and communications for the CRA and/or the creditor. You have what you think, believe, and feel. In other words irrelevent.

At the end of the day you have a returned letter(s) as undeliverable and addressed to a collection agency. You have no proof who dropped the ball on the address, you have no way of testifying to conversations about your account, and you have no way to authenticate the credit report.

That is why I will be in court 8:00 am tomorrow, so the judge will weigh the preponderance of the evidence

Finally, as much as I hate CA and JDB, suppose you acheive the unthinkable and win in small claims, damages? What are your damages. It's no less than 100.00 and up to 1000.00. Ask yourself if you really think a judge is going to award you more than the minimum because you disputed the account as no knoweldge and stumbled onto a bad address on the report.

Other than those matters to take into account, it looks like a strong case.

If I were the creditor, as much as I hate to pretend that, I would remove your case to federal court where there are strict rules of evidence.

I would pay the 350.00 filing fee, make an offer of judgement for 100.00, and hope you did not take the offer. Then when you are awarded 100.00 or you lose the case outright, due to no admissible evidence, your stuck with all my legal fees and costs since I made you an offer of judgement.

I need the experience in federal court before I tackle Equifax:):):)

Thanks for the input, plenty of food for thought. In my opinion this case should be brought by the FTC for the 10-20K people who all have bad addresses from this CA on their credit report; in a perfect world.

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Your arguments are common sense arguments which I agree with. Hearsay is anything you did not take place in creating. The fact is, you personally can't testify to the procedures of the postal service.

You can't explain how the return mail process works at the postal service. You can't submit letters from the CRA, you can prove they are authentic, you can't prove you did not forge them. You can't submit info from the internet, you have no way to know it is authentic, no matter how much sense it makes.

The court can take judical notice of certain things that are hearsay, but not something that is a key piece of evidence like a letter.

It's the same reason if a drug runner gets pullled over with 10 kilos of cocaine and goes to trial. They can't just march the cocaine into the courtroom and present a report for the chemist. No they have to have the chemist in court, even though it is obvious. They must have every person (chain) that evidence went through to testify no tampering.

You don't get least sophisicated because that is for the FDCPA only, just like strict liability.

Good luck, it only gets that complicated if the objections are raised. Small claims many times does relax the rules a little. You will have a hard time in federal with the rules as they are strict, but once again, good luck and let us know. I'm on your side for a victory hopefully.

The burden is on you if you sue them.

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I understand what are you saying. I assume in federal court you would have to subpoena records and employees, since any evidence against the cra's would be hearsay. I could subpoena records from equifax to prove the response from is authentic.

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Right, it works both ways. The same reason a collection attorney can't just throw a bunch of credit card statments at you in court without somebody from the bank, is the same way it works for something like this.

You must have somebody that can explain the records, documents, statement, letters, recordings, e-mails, ect. That person must be able to be cross examined.

With that said, you can do a lot to ease this burden during the discovery phase of a lawsuit. Request for admissions and stipulations are one way to do that.

When I would go to trials for insurance purposes, both sides would stipulate prior to trial to the damages being claimed. That way whichever side won, proving the amount correct was not required.

That, of course, requires cooperation, which I would never agree with in a personal lawsuit. The attorney's would do this since they worked with each other almost daily. The Judge would take judicial notice, so would not work, but I would object as hearsay, if I could get away with it, if the trial was on a Wednesday and the other side produced a calendar to prove it was Wednesday.

Such very basic information like the date, the judge will take judicial notice. Also I could testify about different records for the company because we keep them all the same and I knew the procedures for the keeping of those records, everything else is a war.

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