newyorkconsumerist

Need advice on suing Bank of America/FIA in small claims court

Recommended Posts

Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine.

 

These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case.

 

Now I feel like I have no choice but to sue them in district court.  I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA...

So any advice I could get would be completely appreciated.  I have defended myself in court before pro se, so I'm comfortable with the process.  I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good.

Share this post


Link to post
Share on other sites

Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine.

 

These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case.

 

Have you disputed the negative tradeline with the CRA per FCRA 611 after you won the lawsuit?

Share this post


Link to post
Share on other sites

Yes, I disputed about 3 times since then.  Each time, they seem to change the status of the account.  Once the account was even removed, but eventually they just continue to report the account negatively again.

I'm in the process of drafting my intent to sue letter and researching my available options with the Suffolk County district court on some civil action that I'll be able to take.

Share this post


Link to post
Share on other sites

Have you disputed the negative tradeline directly with the OC per FCRA 623 after you won the lawsuit?

 

If so, was your dispute to the OC after the CRA completed its investigation and responded back in writing per FCRA 611?

Share this post


Link to post
Share on other sites

I disputed to the OC through a CFPB complaint through their automated process on their website.  They responded but their response stated that even though they dropped the case and conceded they didn't have the evidence needed to win the trial that it still didn't attest to the facts that their claim on the debt was true and accurate.

 

I just initiated another complaint through CFPB today against them.

 

And yes, I disputed directly with the OC after I disputed with the CRA and they "completed" their investigation.

Share this post


Link to post
Share on other sites

Is this a case of identity theft?  If so, did you generate a FTC Identity Theft Affidavit and file a police report?

 

Did you provide a copy of those two documents to the CRA and/or OC?

 

 

By the way, with respect to FCRA 611 and FCRA 623, this may help:

 

http://www.creditinfocenter.com/repair/disputingwithoriginalcreditor.shtml

Share this post


Link to post
Share on other sites

Ultimately I don't want to divulge too much information here but all I can say that the account is not mine but a criminal identity theft report was never filed.  I didn't even have knowledge about this credit information until years after it showed up on my report.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.