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Lawsuits and Credit Repair (oil & water)


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49 replies to this topic

#26 joshbgosh

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Posted 16 March 2005 - 08:41 AM

Realtor Ken...thanks for this thread...you referred me to it a few weeks ago when I thought I was going to do everything myself and file...well after reading your thread I decided to find an attorney to handle it for us, we don't have the time to be dealing with this stiff and it turns out our attorney id GREAT, he said he was part of CB when it first started (don't know what his screenname was). He is extremely knowledgable and we are happy to have him working for us.

Thanks for the insight!

All newbies should read this



#27 RealtorKen

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Posted 16 March 2005 - 09:50 AM

What a pleasant surprise!

I love seing this bumped :cry2:

Josh, I am so glad I could help you. Even if it was just instilling a little hesitation in you.

I truly feel if this thread helped one person it was worth the 2,883 and a half hours that it took me to obtain the knowledge (or lack of knowledge) I have today about Credit repair.

#28 skoosh

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Posted 16 March 2005 - 11:36 AM

Wonderful thread! Just wanted to bump it before it hit page two. :(

#29 skoosh

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Posted 17 March 2005 - 08:37 PM

Okay, gonna bump back to page 1. For some reason anytime I respond to a thread it dies. LOL

#30 RealtorKen

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Posted 08 April 2005 - 12:46 PM

Monthly bump for new members and people who haven't read this.

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#31 Broke Chick

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Posted 08 April 2005 - 08:25 PM

RealtorKen:

:(


EVERYONE should take your cautions to heart!

Court should be the last place you go, if you have any choice at all!!

Why? The process can be expensive, as RealtorKen has pointed out so emphatically in his post. Do you have that money...and TIME...to do the job well?

Can you take the pressure of dealing with your adversary/adversaries, who is/are more experienced than you will probably ever be? (People, when sued, can turn even nastier than they were before--the "lion trapped in a corner and cannot escape" theory, you might say (they'll fight to get out!).)

Are you willing--and able--to take a "crash course" in law? (Being your own attorney does have its disadvantages!) If not, can you find a good attorney? If you find him/her/them, can you afford to pay them (if your case won't/can't be taken on contingency)?

Are you a good, and confident, public speaker? (The shy and/or easily intimidated need not apply--your adversary will just "cream" you!!)

Did you try to settle before you sued?

Are you willing to settle before the case is to be heard in Court?

Let's face it:

Nearly everyone who has to face up to being "in collections" or is doing "credit 'repair'" is not exactly "flush" with cash, are they?? (They would likely not BE in collections OR doing credit repair if they weren't in financial trouble (or "in recovery" from it!)!!

Can you afford to undertake the process anyway?

It would be a shame to "lose" simply because the opposition had more money and/or time than you! :(

Edited by Broke Chick, 08 April 2005 - 08:28 PM.


#32 Credit Please

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Posted 08 April 2005 - 09:40 PM

I agree with Realtorken, keeping it REAL. I really appreciated this post. I was about to file in Federal but I am glad the CA deleted. I mistakenly sent the ITS letter which was my 3rd letter to the CA, I was about to follow up with the letter to the ACA, and thier and my AG.

I definatly didn't want this to go to court, But I had prepared my self for a journey.

#33 angeleyeskkhr

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Posted 08 April 2005 - 10:02 PM

Thank you all so much for the posts (and thank YOU ken for starting this topic!!). This will help me a bunch when I go to clean up both my fiance's and my credit (I don't think the SOL has passed on any of his things, and there are other considerations I'm not sure about--I only have one neg..and that's just lates though).

I do have one question. I noticed when I was trying to read the laws you're talking about (FDCPA? and FCRA?) I noticed at least one of them in pdf format. I've been having hell trying to get it downloaded (it hasn't dl'ed right YET), so can't access those. Is there anyway we can get a link to the updated law (I saw a link to the older ones), or as a word doc? That would be much appreciated.

Kudos to everyone who posted suggestions/advice! :yahoo: :clapping:

#34 BigD_Sofl

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Posted 08 April 2005 - 10:06 PM

Great post RealtorKen.

I'm a newbie and wanted to question some people who have been posting litigous threads, but I'm nowhere near the point to give advice of that nature.

For example there was a thread started yesterday I believe which said something to the effect of "I sent out an ITS with no response, what should I do next" Well why would you send out an INTENT to sue if you have no intent? Basically everything you send after an ITS gets laughed at because they basically called your bluff.

Just my two cents...sorry for rambling and sorry if it is inappropriate for this thread.

#35 DarkStorm

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Posted 08 April 2005 - 10:13 PM

Great post RealtorKen.

I'm a newbie and wanted to question some people who have been posting litigous threads, but I'm nowhere near the point to give advice of that nature.

For example there was a thread started yesterday I believe which said something to the effect of "I sent out an ITS with no response, what should I do next"  Well why would you send out an INTENT to sue if you have no intent?  Basically everything you send after an ITS gets laughed at because they basically called your bluff.

Just my two cents...sorry for rambling and sorry if it is inappropriate for this thread.

<{POST_SNAPBACK}>



You learn quickly young grasshopper. You do not send an ITS if you do not intend to sue. They are indeed calling your hand and hoping its a bluff. The more people that bluff the less effective ITS becomes. If you get to a dead end and your only option is suing the CA or OC then and only then is an ITS appropriate. Nutcase on the other hand remains effective. I have known several people whoes sole 6 figure income is derived from suing the government for mundane legal infractions. These people are indeed feared by OCs, CAs and CRAs.

#36 radi8

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Posted 09 April 2005 - 12:56 AM

Excellent insight on the proper mindset for lawsuits.
Moving to the Newbie section so that it doesn't get lost.

#37 RealtorKen

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Posted 23 May 2005 - 03:25 PM

It appears to me like we have a set of new members that are lawsuit hungry. Please help them out by telling them to read this.

#38 Xyth

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Posted 23 May 2005 - 06:39 PM

Once again I am amazed at the sheer breadth of knowledge available on this board, and of course provided by its members

:blush2: Woot, Woot :clapping:

That being said, this was exactly the thread that I had been looking for for the last week, and I really appreciate the information and insight it gave to me. I was in the process of calling my Uncle (who practices contract law in Los Angelos) and asking him some questions about legal procedure and whatnot. Mind you, I am in no way actually trying to go to court, or even send an ITS letter, but I figure the more I know how things actually work before I start my clean-up the better off I will be.

RealtorKen, thank you for starting this thread.

Xyth

#39 Svoboda

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Posted 20 June 2005 - 01:56 AM

I have hit the point where all I'm left is to sue.

I've been fighting with a CA since April over a stupid $247 debt. They refuse to validate, refuse to respond and when they do, just blow me off. I have filed complaints with the FTC, the BBB and the state Attorneys General.

Countless post office trips, countless hours spent researching and writing letters and nothing to show for it except the same trade line and 5 verified or previously verfied letters.

My question is, should I get a lawyer? I have two young boys and a wife and I don't want to neglect them, so I am not sure if I should prepare everything or just turn over my 60+ page paper trail to a consumer protection attorney.

Looking to hear from those who have filed. Much appreciated.

#40 humblemarc

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Posted 23 June 2005 - 12:17 AM

hmm. haven't been here in a Looooong time, but let me offer a different perspective.

Actually it's incredibly easy to sue the CRAs and IMO everyone should be doing it.

Ok, ok, not EVERYONE. But just about everyone.

Wanna see the CRAs straigten up and fly right?
If more people would sue, then I'd expect to see some changes instead of the same ole, same ole.

In my experience, it took no more effort to sue the CRAs then it did to simply do the same amount of research than it would have taken otherwise.

That said, i DID my research well before even writing my first letter of ANY kind.

What was my research? Simply reading every single thread on this board (actually the old CNet board...cause we started this one)

I'd say actual "lawsuit" hours were no more than 10 extra hours of research.
And most of that was simply driving to the courthouse to file the motions and telling the CRAs lawyers that they'd better settle now or incur my wrath...lol

In my opinion, there is no BETTER reason to be "lawsuit happy" then when it comes to your credit, which is de facto, your "financial freedom" and "right to privacy" and all kinds of other Constitutional Rights.

I fear more people who SHOULD be suing, are not, because of fear, instead of "too many" people suing over lack of preparation or research.

My 'advice' for newbies would be this.
Spend month 1, reading every possible thread on this board and related FCRA laws.
Spend month 2, sending off incredibly well-researched (from month 1) letters ( and keep reading threads).
Spend month 3, suing and settling for money or deletions.
Spend month 4, wrapping up any lose ends....

and then be done with it - move on to living life.

It simply makes no sense to spend 6 months - years trying to fix your credit when it can be done in 4 months with a concerted WELL-RESEARCHED effort on your part.

Remember, it's just not about YOU either. Everytime you sue (win,lose, or settle), you're making the path easier for someone else down the line.

My .2 cents. Back to credit oblivion.

Edited by humblemarc, 23 June 2005 - 12:19 AM.


#41 CargoJon

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Posted 23 June 2005 - 12:35 PM

Humblemarc is right. It was surprising easy to sue EQ and get what I wanted. The longest part was just the waiting.

I'd sooner sue a CRA than an OC or CA anyday...

#42 Cushie

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Posted 29 June 2005 - 10:50 PM

Humblemark - is there a thread where you sued the CRA? I'd like to see what you did and how it turned out.

#43 RealtorKen

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Posted 07 July 2005 - 07:22 PM

Well, Equifax has been next in line for a little bit. Once I get a ruling on my MPSJ, I will go after them.

#44 Jake2004

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Posted 27 July 2005 - 06:43 AM

This is where I am at. Disputed problems on my credit card (per the FCBA 1666). Response I got was we are legal you are cancelled. No follow threw. Both violations. Then got involved with a law firm (CA) told them to validate. Sent me a copy of my last monthly statement (not validated). When to court, explained all this to the judge. While he agreed with me and the fact that I could prove errors on my account. He still ruled against me stating they proved (with that monthly statement) that I owed money. So I had no option but to file bankruptcy (Colorado has wage garnishment and House Liens). So what I would like help with is does anyone have cases involving either the FCBA or FDCPA. I would like to use small claims court to sue both the Credit card and the attorney.

#45 christy461

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Posted 18 August 2005 - 12:51 AM

My Small Claims Experience

We are going back to small claims court again on Monday to address the OC'S refusal to correct the credit reports. For us,too,court was a last resort.The validation request went out in Jan. and the first court date was in July.With many,many letters between the two.

The OC's rep did not show for the hearing- shows how important this was to them. She later told the court she "forgot" and requested a new one. A new date was set, and she showed up,but asked to leave because she felt "sick". THEY LET HER LEAVE! And set another date.

The preparation is killing me,I'm drowning in paperwork, and I'm sick of writing responses when the OC comes up with their stupid reasons for not dealing with this matter. The 2 judges we have know nothing about credit law and it's hard to condense things for them.These judges are too nice. I still haven't had my day in court and just want to get the whole thing over with. Would I do it again? Maybe not.Definitely not anything more complicated than small claims.

#46 CargoJon

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Posted 18 August 2005 - 08:41 AM

My Small Claims Experience

  We are going back to small claims court again on Monday to address the OC'S refusal to correct the credit reports. For us,too,court was a last resort.The validation request went out in Jan. and the first court date was in July.With many,many letters between the two.

  The OC's rep did not show for the hearing- shows how important this was to them. She later told the court she "forgot" and requested a new one. A new date was set, and she showed up,but asked to leave because she felt "sick". THEY LET HER LEAVE! And set another date.

  The preparation is killing me,I'm drowning in paperwork, and I'm sick of writing responses when the OC comes up with their stupid reasons for not dealing with this matter. The 2 judges we have know nothing about credit law and it's hard to condense things for them.These judges are too nice. I still haven't had my day in court and just want to get the whole thing over with. Would I do it again? Maybe not.Definitely not anything more complicated than small claims.

<{POST_SNAPBACK}>


This is why I wouldn't file in small claims. Small claims court puts up with this kind of crap. "Real" courts do not. I'm sorry you're having such a time here...I hope you end up getting the payoff at the end...

#47 RealtorKen

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Posted 18 September 2005 - 02:51 PM

My Small Claims Experience

  We are going back to small claims court again on Monday to address the OC'S refusal to correct the credit reports. For us,too,court was a last resort.The validation request went out in Jan. and the first court date was in July.With many,many letters between the two.

  The OC's rep did not show for the hearing- shows how important this was to them. She later told the court she "forgot" and requested a new one. A new date was set, and she showed up,but asked to leave because she felt "sick". THEY LET HER LEAVE! And set another date.

  The preparation is killing me,I'm drowning in paperwork, and I'm sick of writing responses when the OC comes up with their stupid reasons for not dealing with this matter. The 2 judges we have know nothing about credit law and it's hard to condense things for them.These judges are too nice. I still haven't had my day in court and just want to get the whole thing over with. Would I do it again? Maybe not.Definitely not anything more complicated than small claims.

<{POST_SNAPBACK}>


Unfortunately you made it harder on yourself by going the small claims court route. Like CargoJohn said, small claims is not the place for these lawsuits.

What is the latest status on it?

Edited by RealtorKen, 18 September 2005 - 02:51 PM.


#48 woe is me

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Posted 25 September 2005 - 01:59 AM

Unfortunately you made it harder on yourself by going the small claims court route.  Like CargoJohn said, small claims is not the place for these lawsuits.

<{POST_SNAPBACK}>


I have to disagree.

I've filed a number of suits in small claims and all but the first (yeah, I was learning and if I knew then what I know now it would have been appealed. It Did however get the TL removed. :( ) have achieved my objectives and then some.

Small amounts (especially small PAID collections) will most likely be settled, as the CA/OC will not want to be burdened with a suit, especially if you are located in another state. I can file small claims for $155 and they have to hire a local attorney, and fly a representative out for the hearing, all of which costs them in the thousands. Are they really willing to spend all that to defend a small paid account? What business sense does that make?

I agree that filing suit should not be taken lightly. But, legal recourse is the most important credit repair tool available. All the tactics espoused here pave the road to a legal remedy. We just hope that our opponent will be smart enough not to force it to that legal remedy.

This being said, I feel that flying under the radar is very useful. Sometimes that doesn't work and the good ole law suit is the only way to resolve the issue.

Small claims court is a tool. And as any other tool, there is a time and place for its uses.

Edited by woe is me, 25 September 2005 - 02:04 AM.


#49 Jake2004

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Posted 28 September 2005 - 07:20 AM

Can anyone provide me with a site I can find Bankruptcy lawsuits. Citibank violated the automatic stay so I am going to go after them. I would like to see if I can get more info on what to expect.

#50 radi8

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Posted 24 March 2006 - 01:02 AM

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