Has anyone sued a credit bureau yet?

jaylon · #1 10-06-2005, 04:22 PM

I'm about to sue TransUnion, and I want to roll the other two in as defendants; however I'm not 100% on how this would work. Would I make each one of them a defendant and then just serve each of them with a summons?

I want to do small claims court and sue them for $1, but the clerk told me that I can't sue for $1 and a court order to have the items removed. My judgment would be $1; that doesn't sound quite right to me.

If I sue for non-monitary judment I would have to do limited civil. If I don't sue for money, then I'm pretty sure they won't show up and that would give me a default judgment. Or if they don't respond in 21-days I've file a motion for summary judgment.

Any suggestions?

seeker · #2 10-06-2005, 05:30 PM

Jaylon;

It is my undestanding that you set a high settlement request and then wait for their counsel to call you. You then offer to drop the suit in exchange for removal of item(s) and costs. Usually this will save them a ton and they are happy to have the offer.

Just my understanding.

Seeker

redeemed2 · #3 10-09-2005, 11:10 PM

The FCRA allows for $1000 per violation. That is what your case should be. You are allowed up to 5k for small claims. File against one for up to 5 violations, then do the same for the others. If they are the same violations it should be easy.

I haven't done this myself, however I have heard from many that claim to have done it. If the violations are legit they will settle with you out of court easily.

I learned alot on www.creditboards.com

#4 10-13-2005, 12:54 AM

Quote:

Originally Posted by redeemed2

The FCRA allows for $1000 per violation. That is what your case should be. You are allowed up to 5k for small claims. File against one for up to 5 violations, then do the same for the others. If they are the same violations it should be easy.

I haven't done this myself, however I have heard from many that claim to have done it. If the violations are legit they will settle with you out of court easily.

I learned alot on www.creditboards.com

Actually - it's $1,000 per action, not per violation.

Moreover, if you want to go small claims, with a max, you should still push ALL the violations you can, and settle for the max.

You should always insist on Per Violation tho. This prevents the deminusion of compensation should some or most of your arguments fail. Just don't "expect" it.

OH - and ... you'll learn a hell of a LOT more at:

www.Artofcredit.com

: )

jaylon · #5 10-14-2005, 06:57 AM

I have my claim ready and I'm going to go file it today, I'm just somewhat nervous because this is unfamiliar territory. Thanks for the replys though guys!

redeemed2 · #6 10-14-2005, 09:33 AM

Quote:

Originally Posted by Butch

Actually - it's $1,000 per action, not per violation.

Moreover, if you want to go small claims, with a max, you should still push ALL the violations you can, and settle for the max.

You should always insist on Per Violation tho. This prevents the deminusion of compensation should some or most of your arguments fail. Just don't "expect" it.

OH - and ... you'll learn a hell of a LOT more at:

www.Artofcredit.com

: )

I used that one too.... I think I posted the other one because it was easier for me to navigate.... Good site though...

cheetah · #7 10-14-2005, 10:50 AM

Where did you file (what kind of court)?

Here in Indiana, the small claims code states that it must be filed in the county that the violation occured. This would mean that I can't file it here, since the violations were in their home states. Or could I say that the damages occured where I live?

How much were your filing fees also?

thanks

seeker · #8 10-14-2005, 11:13 AM

your home state/county is appropriate for the same reason the CCC bring the suit to you -- you are a party to the suit, therefore where you are is where you are. Ya know?

Seeker

cheetah · #9 10-17-2005, 08:11 AM

In Indiana, I don't think I will be able to file in small claims:

Rule 12. Venue
(A) Proper Venue. Proper venue for a case filed in the small claims docket of a Circuit, Superior, or County Court shall be in the county where the transaction or occurrence actually took place or where the obligation was incurred or is to be performed, or where one of the defendants resides or has his or her place of employment at the time the complaint is filed.

Now, I don't know if I could file in a higher Indian court or not. But I obviously want this to a place that the CRA knows that I will show up to, and one that they wouldn't want to have to travel to.

But I also don't want a $250 filing fee for each CRA, which I believe is the filing fee for a "normal" court here.

Any other ideas?

Thanks.

cheetah · #10 11-01-2005, 01:19 PM

Anyone have any ideas on this? The 30 days will be up soon, and I want to follow through on this.