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Game On - Experian is my next lawsuit

JessicaRabbit88

By JessicaRabbit88
in Credit Forum

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JessicaRabbit88

JessicaRabbit88

Posted
Posted

I am going to send/fax Experian an ITS with the following lawsuit attached. If they do not comply in 5 business days, then I will file this lawsuit in the District Court (which I am sure they will bump to Fed, but I would rather let them pick up the cost then me).

 

Please proof for errors and/or suggestions :)

 

PRELIMINARY STATEMENT

 

1.  The Plaintiff brings this action for damages based upon Defendant’s violation of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (hereinafter referred to as the “Act”).  Plaintiff seeks actual damages, statutory damages, punitive damages, injunctive relief, cost, and potential attorney fees.

PROVISIONS RELATING TO JURISDICTION AND VENUE

 

2. The Plaintiff is a bona fide resident of XXX, State of Utah and has been for three months immediately prior to filing this action.  Defendant is a foreign corporation authorized to do business in XXX, State of Utah.

 

3. Plaintiff and Defendant have conducted business in XXX, State of Utah.  Venue properly lies in XXX, State of Utah, pursuant to 28 U.S.C § 1391b.

 

4. Plaintiff files this pleading in the United States XXX under § 28 U.S.C. 1331 and 15 U.S.C. § 1681p jurisdiction of courts; limitation of actions of the Act, stating an action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises.

 

TRIAL BY JURY

 

5. Plaintiff, JessicaRabbit, Pro Se, is entitled to and hereby requests a trial by jury. U.S. amend. 7, Fed. R. Civ. Pro. 38.

FIRST CAUSE OF ACTION

Statement of Facts

 

6. On or about June 02, 2003 Plaintiff received letter from Experian (Exhibit “1”) stating “By federal law, your personal credit report must list all that have requested your credit history.  According to the Fair Credit Reporting Act, credit grantors with a permissible purpose may inquire about credit information.  Requests for your credit history remain on the personal credit report for 2 years.”  Letter does not state that Plaintiff may dispute inquiries.  Letter does not state per § 1681i(a)(1)(A) of the Act Plaintiff may dispute “any item of information”  

Statement of Claim

 

7. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing, in the preparation of the consumer report concerning Plaintiff, to follow reasonable procedures to assure maximum possible accuracy of the information in the report in violation of § 1681e(B) of the Act;

 

b. by willfully and/or negligently failing to conducting a reinvestigation, in violation of § 1681i(a) of the Act;

 

c. by willfully and/or negligently failing to contact the sources suggested by Plaintiff during reinvestigation, in violation of § 1681i(a)(4) of the Act; and

 

d. by willfully and/or negligently failing to consider all relevant information sent by consumer in accordance with § 1681i(a)(4) of the Act.

 

SECOND CAUSE OF ACTION

 

Statement of Facts

 

8. Plaintiff repeats and realleges each and every allegation in paragraph 6 with like effect as if fully repeated herein.

 

9. On or about June 27, 2003 Plaintiff received revised results (Exhibit “2) of recent dispute.

 

10. On June 30, 2003, Plaintiff sent certified letter (#XXX) (Exhibit “3” and “4”) requesting the procedure used to verify disputed accounts.    

 

11. Plaintiff never received any return correspondence from Defendant regarding the request of procedures used to verify disputed accounts within the 15 days as allowed by § 1681i (7) of the Act;.

 

Statement of Claim

 

12. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing to provide Plaintiff with procedures used to verify disputed information, in accordance with the requirements of § 1681i (6) (B) (iii) of the Act; and

 

b. by willfully and/or negligently failing to clearly and accurately disclose to the consumer the sources of the information, in violation of § 1681g(2) of the Act.

 

THIRD CAUSE OF ACTION

 

Statement of Facts

 

13. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6 and 9 – 12 with like effect as if fully repeated herein.

 

14. On July 21, 2003 Plaintiff sent a second letter (Exhibit “5”) to Defendant via facsimile, requesting the incorrect information be deleted due to Plaintiff not receiving any correspondence including the procedure used to verify the information.

 

15. On or about July 25, 2003 Plaintiff received a letter (Exhibit “6) from Defendant.  Letter refers Plaintiff back to original credit report for contact information.  Letter does not reference Plaintiff’s request to delete incorrect information due to Plaintiff not receiving any correspondence per the initial procedure request letter.  Letter does not give a description of the procedure used to determine the accuracy and completeness of the specific disputed information, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available, per § 1681(a)(6)(B)(iii) of the Act

 

Statement of Claim

 

16. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing to follow reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title, in accordance with the requirements of § 1681i (B) of the Act;

 

b. by willfully and/or negligently failing to provide Plaintiff with procedures used to verify disputed information, in accordance with the requirements of § 1681i (6) (B) (iii) of the Act;

 

c. by willfully and/or negligently failing to delete incomplete or inaccurate information in Plaintiff’s file after conducting a reinvestigation, in violation of § 1681i(a) of the Act;

 

d. by willfully and/or negligently failing to contact the sources suggested by Plaintiff during reinvestigation, in violation of § 1681i(a)(4) of the Act;

 

e. by willfully and/or negligently failing to consider all relevant information sent by consumer in accordance with § 1681i(a)(4) of the Act;  and

 

f. by willfully and/or negligently failing to clearly and accurately disclose to the consumer the sources of the information, in violation of § 1681g(2) of the Act.

 

FOURTH CAUSE OF ACTION

 

Statement of Facts

 

17. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12  and 14 – 15 with like effect as if fully repeated herein.

 

18. On July 25, 2003, Plaintiff received a letter from Defendant (Exhibit “7”) stating that Defendant is unable to investigate two disputed items from Plaintiff’s credit report due to Plaintiff not stating specifically why the information is inaccurate.

 

19. Plaintiff did not request an “investigation”, Plaintiff requested the decription of reinvestigation procedure, refered to in Exhibit “5”.

 

Statement of Claim

 

20. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing to follow reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title, in accordance with the requirements of § 1681i (B) of the Act.

 

FIFTH CAUSE OF ACTION

 

Statement of Facts

 

21. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15 and 18 – 19 with like effect as if fully repeated herein.

 

22. On July 28, 2003, Plaintiff telephoned Defendant to confirm receipt of facsimile.

 

23. Plaintiff explained the situation to three different representatives.  All representatives denied requirement to comply with section 611 (7) of the FCRA.

 

24. Plaintiff was then transferred to Supervisor, Ms. Beal, told Plaintiff, “We don’t have to provide you our procedures or descriptions.”  Plaintiff had to explain section 611 (7) of FCRA, to Ms. Beal stating that it is law to provide said information to a consumer.  Ms. Beal told Plaintiff, “We don’t provide the procedure used to contact”.

 

Statement of Claim

 

25. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing to follow reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title, in accordance with the requirements of § 1681i (B) of the Act.

 

SIXTH CAUSE OF ACTION

 

Statement of Facts

 

26. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15, 18 – 19 and 22 – 24 with like effect as if fully repeated herein.

 

27. On August 6, 2003, Plaintiff called Experian to ask for Registered Agent information.  Call was transferred to CASS department where Plaintiff spoke with Carrie Higginbotham.  Plaintiff was asked repeatedly about disputed information.  Plaintiff told Ms. Higginbotham, “the public record on my file is inaccurate and not mine as previously stated in my initial dispute”.  Ms. Higginbotham told Plaintiff that they were able to verify the public record.  Plaintiff then asked Ms. Higginbotham to clarify who Experian was referring to when using the term “they”.  Ms. Higginbotham said Experian used a third party to go to the court and review the public records.  Plaintiff told Ms. Higginbotham if a third party is being used to furnish information, then third party should be listed on report in order for consumer to be able to dispute.  Ms. Higginbotham then clarified that the third party was not a furnisher of information, rather a method used to get information from the court.  Plaintiff informed Ms. Higginbotham that Plaintiff had information from the Court saying they are not a direct furnisher of information.  Ms. Higginbotham pressed Plaintiff to disclose who the contact at the Court was for this information.  Plaintiff denied Ms. Higginbotham of information, and told Ms. Higginbotham, “you have verified this inaccurate information, I am sure you knew who you talked to in order to verify this inaccurate record”.  Plaintiff’s report reflects the XXX 3rd District Court as the furnisher of public record information.

 

28. On or about August 07, 2003 Plaintiff received letter (Exhibit “8”) from Defendant.  Letter states that the public record listed with the XXX 3rd District Court was verified and updated on 6-2003.

 

29. Plaintiff contacted the XXX 3rd District Court, and per the court, there is no record for Plaintiff in court records.

 

30. On August 08, 2003 Plaintiff received a letter from Citibank (Exhibit “9”) denying Plaintiff of credit card due to “a delinquent credit obligation(s), either paid or unpaid, was recorded on your credit bureau report.”  Denial is due to inaccurate information listed in Plaintiff’s Experian credit report.

 

Statement of Claim

 

31. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing, in the preparation of the consumer report concerning Plaintiff, to follow reasonable procedures to assure maximum possible accuracy of the information in the report in violation of § 1681e(B) of the Act;

 

b. by willfully and/or negligently failing to delete incomplete or inaccurate information in Plaintiff’s file after conducting a reinvestigation, in violation of § 1681i(a) of the Act;

 

c. by willfully and/or negligently failing to contact the sources  

suggested by Plaintiff during reinvestigation, in violation of § 1681i(a)(4) of the Act;

 

d. by willfully and/or negligently failing to consider all relevant information sent by consumer in accordance with § 1681i(a)(4) of the Act;  and

 

e. by willfully and/or negligently failing to clearly and accurately disclose to the consumer the sources of the information, in violation of § 1681g(2) of the Act.

 

SEVENTH CAUSE OF ACTION

 

Statement of Facts

 

32. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15, 18 – 19, 22 – 24 and 27 – 30 with like effect as if fully repeated herein.

 

33. On or about August 11, 2003 Plaintiff received a letter from Defendant (Exhibit “10”) stating that Defendant “contacted the XXX court at XXX to verify the accuracy of the disputed information.”

 

34. Per the Utah Court Directory (Exhibit “11”) Plaintiff did not contact the XXX 3rd District Court as listed in Plaintiff’s credit report, but rather the 3rd District Court XXX.

 

35. On August 11, 2003, Plaintiff contacted Defendant via phone call.  Plaintiff was immediately transferred to Ms. Higginbotham with the CASS Department within Experian. Ms. Higginbotham informed Plaintiff that per the last conversation [08/06/03] that she initiated a dispute for the inaccurate listing of a public record on Plaintiff’s report.  Ms. Higginbotham informed Plaintiff that she contacted the XX Court at XXX and also Express Recovery at XXX and verified the public record listing.  

 

36. Plaintiff specifically asked Ms. Higginbotham if Plaintiff, the consumer, had requested a dispute that day, Ms. Higginbotham said, “no, but by informing us that the information was inaccurate, we, as a courtesy, can contact them for you to verify the information”.  Ms. Higginbotham then asked if Plaintiff had in-fact informed her that the information was inaccurate, to which Plaintiff replied, “I was discussing the initial dispute in which I did notify Experian that the public record was inaccurate, I never requested an additional investigation.  I was requesting Registered Agent information, and that is all”.  Ms. Higginbotham again told Plaintiff how the dispute was a courtesy that they initiated for Plaintiff.  Plaintiff asked Ms. Higginbotham if she was familiar with the FCRA that states only a consumer can request an investigation, she replied that she was familiar with the FCRA and that Plaintiff did request one by stating the information was inaccurate.  To which again Plaintiff said that Plaintiff was only discussing the initial dispute and not requesting a second investigation.  Ms. Higginbotham again confirmed this was done as a courtesy to Plaintiff.

 

37. Plaintiff was denied American Express line of credit (Exhibit “11”) because of inaccurate information contained in Plaintiff’s report.

 

38. Plaintiff was denied US Bank line of credit (Exhibit “12”) because of inaccurate information contained in Plaintiff’s report.

Statement of Claim

 

39. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing, in the preparation of the consumer report concerning Plaintiff, to follow reasonable procedures to assure maximum possible accuracy of the information in the report in violation of § 1681e(B) of the Act;

 

b. by willfully and/or negligently failing to provide Plaintiff with procedures used to verify disputed information, in accordance with the requirements of § 1681i (6) (B) (iii) of the Act;

 

c. by willfully and/or negligently failing to delete incomplete or inaccurate information in Plaintiff’s file after conducting a reinvestigation, in violation of § 1681i(a) of the Act;

 

d. by willfully and/or negligently failing to contact the sources suggested by Plaintiff during reinvestigation, in violation of § 1681i(a)(4) of the Act;

 

e. by willfully and/or negligently failing to consider all relevant information sent by consumer in accordance with § 1681i(a)(4) of the Act;  and

 

f. by willfully and/or negligently failing to clearly and accurately disclose to the consumer the sources of the information, in violation of § 1681g(2) of the Act.

 

EIGTH CAUSE OF ACTION

 

Statement of Facts

 

40. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15, 18 – 19, 22 – 24, 27 – 30 and 33 – 38 with like effect as if fully repeated herein.

 

41. Defendant continued to dispute inaccurate information contained in credit file, and inaccurate information was “updated” or “remained” (Exhibit “13”, “14”, “15” and “16”)

 

42. Plaintiff was denied American Express line of credit (Exhibit “17”) because of inaccurate information contained in Plaintiff’s report.

 

43. On March 25, 2004, Plaintiff sent certified letter (#70020860000765463011) disputing inaccuracies contained in Plaintiff’s credit file (Exhibit “18” and “19”).

 

44. On or about April 02, 2004 Plaintiff received a letter from Defendant (Exhibit “20”) stating that Experian had “already investigated this information and the credit grantor has verified its accuracy.”

 

45. The letter did not reference which items they will not reinvestigate and also did not deem the request “frivolous or irrelevant” as required by § 1681i (a)(3) of the Act.

 

46. On or about April 22, 2004 Plaintiff received a letter from Defendant (Exhibit “21”) that disputed items “remains” or is “updated”, noting that the P&S Credit Union account was “deleted”.

 

47. On or about July 02, 2004 Plaintiff received a letter from Defendant (Exhibit “22”) that disputed items “was previously investigated”.

 

48. The Defendant’s letter did not deem any of the requested reinvestigation to be “frivolous or irrelevant” as required by § 1681i of the Act.

49. On or about July 02, 2004 Plaintiff received a second letter from Defendant (Exhibit “23”) stating that “by federal law, your personal credit report must list all that have requested your credit history.”  

 

50. Plaintiff stated in initial letter that (Exhibit “19”) that “the completeness or accuracy of any item contained in consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.”  Per the FCRA this would also include all that have requested consumer’s credit history.

Statement of Claim

 

51. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects;

 

a. by willfully and/or negligently failing, in the preparation of the consumer report concerning Plaintiff, to follow reasonable procedures to assure maximum possible accuracy of the information in the report in violation of § 1681e(B) of the Act;

 

b. by willfully and/or negligently failing to conduct a reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer, in violation of § 1681i of the Act;

 

c. by willfully and/or negligently failing to delete incomplete or inaccurate information in Plaintiff’s file after conducting a reinvestigation, in violation of § 1681i(a) of the Act;

 

d. by willfully and/or negligently failing to contact the sources suggested by Plaintiff during reinvestigation, in violation of § 1681i(a)(4) of the Act; and

 

e. by willfully and/or negligently failing to consider all relevant information sent by consumer in accordance with § 1681i(a)(4) of the Act.  

NINTH CAUSE OF ACTION

 

Statement of Facts

 

52. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15, 18 – 19, 22 – 24, 27 – 30, 33 – 38 and 41 – 50 with like effect as if fully repeated herein.

 

53.  On June 23, 2004, Plaintiff sent certified letter (#XXX) (Exhibit “24” and “25”) requesting deletion due to the failure of reinvestigation or failure of Defendant to either reinvestigate or determine reinvestigation to be “irrelevant or frivolous”.

 

54. Plaintiff was denied vacation loan because of inaccurate information contained in Plaintiff’s report, Exhibit “26”.

 

Statement of Claim

 

55. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing, in the deletion of disputed information in  Plaintiff’s report, in accordance with the requirements of § 1681i of the Act.

 

TENTH CAUSE OF ACTION

 

Statement of Facts

 

56. Plaintiff repeats and realleges each and every allegation in paragraph(s) 6, 9 – 12, 14 – 15, 18 – 19, 22 – 24, 27 – 30, 33 – 38, 41 – 50 and 53 – 54 with like effect as if fully repeated herein.

 

57.  On June 23, 2004, Plaintiff sent certified letter (#XXX) requesting procedure used to verify inaccurate information contained in Plaintiff’s credit file. (Exhibit “24” and “25”).

 

Statement of Claim

 

58. In the entire course of its action, Defendant willfully and/or negligently violated provisions of the Act in the following respects:

 

a. by willfully and/or negligently failing to provide Plaintiff with procedures used to verify disputed information, in accordance with the requirements of § 1681i (6) (B) (iii) of the Act.

 

PRAYER FOR RELIEF

 

THEREFORE, Plaintiff prays that the court grant:

 

a) punitive damages in the amount of $10,000 as to her First  

Cause;

B) statutory damages in the amount of $4,000 as to her First Cause;

c) punitive damages in the amount of $10,000 as to her Second Cause;  

d) statutory damages in the amount of $2,000 as to her Second Cause;

e) punitive damages in the amount of $10,000 as to her Third Cause;

f) statutory damages in the amount of $6,000 as to her Third Cause;

g) punitive damages in the amount of $10,000 as to her Fourth Cause;

h) statutory damages in the amount of $1,000 as to her Fourth Cause;

i) punitive damages in the amount of $10,000 as to her Fifth Cause;

j) statutory damages in the amount of $1,000 as to her Fifth Cause;

k) punitive damages in the amount of $10,000 as to her Sixth Cause;

l) statutory damages in the amount of $5,000 as to her Sixth Cause;

m) actual damages in the amount of $2,500 as to her Sixth Cause;

n) punitive damages in the amount of $10,000 as to her Seventh Cause;

o) statutory damages in the amount of $6,000 as to her Seventh Cause;

p) actual damages in the amount of $5,000 as to her Seventh Cause;

q) punitive damages in the amount of $10,000 as to her Eighth Cause;

r) statutory damages in the amount of $5,000 as to her Eighth Cause;  

s) actual damages in the amount of $2,500 as to her Eighth Cause;

t) punitive damages in the amount of $10,000 as to her Ninth Cause;

u) statutory damages in the amount of $1,000 as to her Ninth Cause;

v) actual damages in the amount of $5,000 as to her Ninth Cause;

w) punitive damages in the amount of $10,000 as to her Tenth Cause;

x) statutory damages in the amount of $1,000 as to her Tenth Cause;  

y) injunctive relief as provided by 15 U.S.C §1681 of permanent removal of inaccurate information;  

z)  any attorney fees if applicable; and

1)  costs.

FURTHER, sayeth naught.  

Dated this ____ day of  ______________, 2004.

_____________________________  

Jessica Rabbit


pryan67

pryan67

Posted
Posted

Looks good...couple of grammatical errors:

 

 

 

Paragraph 13:

 

Plaintiff denied Ms. Higginbotham of this information

 

 

get rid of "this"

 

Paragraph 14:

 

Plaintiff has contacted the 123 District Court, there is no record for Plaintiff. Plaintiff also contacted 456 Court (Exhibit “1”) who stated they are not the furnisher of information.  

 

Paragraph 14: I think this would sound better:

 

Plaintiff has contacted the 123 District Court, and per the court,

 

 

 

 

a couple of times the "exhibit 6" etc isn't in () (i.e. paragraph 31)...not sure if that's intentional or not

De

De

Posted
Posted

Are you an attorney or have you learned all this here? Also, do you represent yourself in court?

 

Was this a unvalidated debt or one placed on your file in error. Just curious and trying to learn how to proceed. I'm very impressed with your letter..and do keep us posted.

BiteMe

BiteMe

Posted
Posted

Also in #15 you have the word "me" instead of plantiff... I would change that as well. See below....

 

 

15. On August 11, 2003, Plaintiff again contacted Experian. Plaintiff was immediately transferred to Ms. Higginbotham with the CASS Department within Experian. Ms. Higginbotham informed me that she initiated a dispute for the inaccurate listing of a public record on Plaintiff’s report. Ms. Higginbotham informed Plaintiff that she contacted the 456 Court at 801-982-2400 and also Express Recovery at 801-486-2942 and verified the public record listing.  
DocPC

DocPC

Posted
Posted
Are you an attorney or have you learned all this here?  Also, do you represent yourself in court?  

 

Was this a unvalidated debt or one placed on your file in error.  Just curious and trying to learn how to proceed.  I'm very impressed with your letter..and do keep us posted.

 

Check the bottom of her letter. The Pro Se means she is doing it herself.

JessicaRabbit88

JessicaRabbit88

Posted
  • Author
Posted
Are you an attorney or have you learned all this here?  Also, do you represent yourself in court?

 

Nope I go Pro Se (self representation) and everything I have learned has started from reading here, and then further expanding my knowledge with books from the library and Barnes & Nobles.  Check out my other threads in the Consumer Protection forum about my lawsuit against EQ and a CA.  

 

Was this a unvalidated debt or one placed on your file in error.  Just curious and trying to learn how to proceed.  I'm very impressed with your letter..and do keep us posted.

 

This is from information that is inaccurate on my credit file.  One is a public record and the other two were tradelines that were incorrectly listed.  Those two have since dropped off.  So my focus on this lawsuit is the Public Record and the Inquiries that they refuse to reinvestigate.

 

BiteMe-

 

Thanks for the catch, I have changed that in my master copy.

 

Jessica

foshizzle

foshizzle

Posted
Posted

bravo dahling! Jessica, you really did a pheonomenal job. I do have a few questions for you though:

 

I am getting ready to write my first complaint and am hunting for complaint examples to read up on before I write mine. Is there a place on the net where I can read lots of complaints and otherwise inform myself before I get started???

 

Also, do you mind posting what books, etc. you read before feeling adequately prepared to go pro se???

 

Thanks!

pryan67

pryan67

Posted
Posted

Also saw this:

 

 

34. On June 23, 2004, Plaintiff sent certified letter (#123456789) requesting deletion per failure of reinvestigation or failure of determining investigation “irrelevant or frivolous”. (Exhibit “6”).

 

 

maybe change it to :

 

34. On June 23, 2004, Plaintiff sent certified letter (#123456789) requesting deletion due to the
JessicaRabbit88

JessicaRabbit88

Posted
  • Author
Posted

Thanks again Pryan - made changes.

 

Charicharchar-

 

I don't know of such a site on the net. I actually started here with a template, and then worked it into what I have here for Federal filing. When EQ bumped my case to Federal I had to amend my original complaint to meet the requirements of Federal Court. Now I just use that format to create my complaints. I also worked with another poster here who happened to be filing against EQ at the same time I was. We kind of both put our resources together to create what we considered pretty solid complaints. I am way greatfull for his help!

 

I don't have the books here with me, but I know in the past I have mentioned them in a couple threads ... maybe a search will yield them? I know there is one by Nolo Press that is really good, and another one about "Be Your Own Lawyer" or something to that.

 

I found there wasn't a ton of stuff on how to go Pro Se, most of it is just reading Federal Civil Procedure and applying it. Also once you get the complaint done, the hard part is kind of behind you. Being Pro Se, you are allowed certain amount of "mistakes" and they are pretty good about working with you.

 

In my case against EQ I kind of let them go "first" and then would use what they sent as a template for me. I also found out in Utah, a Pro Se litigant doesn't have to do any pre-trail meetings, which saved me from going head to head with their attorney in person -- I could do it all in writting, which gave me time to research and learn before opening my mouth.

 

Once you have done it once, the next time is easier (just like it is for a Lawyer), and you gain some confidence in it.

 

I will post all my steps here in hopes of being able to help someone else out, like I was helped when I first did it.

 

Good luck to you all,

Jessica

Committed

Committed

Posted
Posted

I just recieved my online dispute results a few days back and the first pages says the following

 

The federal Fair Credit Reporting Act provides that you may:

•

request a description of how we verified the information, including the

business name and address contacted and the telephone number, if

reasonably available (note: the name and address information also appears

on your original credit report);

•

add a statement disputing the accuracy or completeness of the information;

•

and request that we send these results to organizations who have reviewed

your report in the past two years for employment purposes or six months for

any other purpose (twelve months for residents of Colorado, Maryland and

New York.)

 

apparently their website is smarter than the peon phone reps ... go figure :lol::lol:

  • 2 months later...
Professor

Professor

Posted
Posted

I can't seem to find the article that I read last week, but what is the deal with the new CRA methods that are kicking in this Fall?? Apparently in order to report to CRA, compnaies must all belong to a central sgency. thus one dispute to TU would affect the account with the other CRA??

The last post in this topic was posted 8012 days ago. 

 

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Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.

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