newyorkconsumerist

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

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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.

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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?

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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.

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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.

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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

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I had $14,280 stolen from my account someone went to different atms everyday through LA and Vegas and took out $1,000 until there was nothing left. BOFA has had a huge breach thousands of people have suffered. I filed a police report and sent over my bank statements which you see there was fraud it has been over two months and the bank closed my case twice. Refusing to give me bank my funds I’m not working and no longer can pay my bills. What are some options? Please 

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