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Court or Settle?

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C

crazymom

Guest
What is the name of your state? CA

I have filled a small claims suit against Walmart due to damage to my credit. 18 months ago, I paid off my credit card and they never credited my account. I tried numerous times sending copies of the cancelled check, writing to Attorney General's Office, joining Pre-Paid Legal, and lots of phone calls and letters. Debt collections for Walmart called every 2 weeks and I had to re-explain my situtation. My lawyer from Pre-Paid Legal wrote Walmart a letter and we received no response. So she advised my to go to small claims court and file for $5000 for damage to my credit. Meanwhile, my husband and I try to apply for a home-equity line. Our funding is delayed several weeks after I have to send the lender a copy of the cancelled check and write a letter explaining the negative remarks on my credit due to this Walmart situation. After I filed my suit (Oct 2003), a lawyer for the other side called to offer a settlement to fix my credit only. I wanted money, so when we tried to counter offer for $2500, Walmart came back with $500. I told them I'd see them in court. 7 days later, after both my husband and I took time off work, found daycare for my 2 small children, we showed up in court only to be told by the judge that Walmart had requested a continuence and needed more time to get someone out here. So here it is one week away from my second court date and Walmart is still offering $500 (a credit on my "new" Walmart Credit Card!) and to clear my credit! Do I take my chances next week with the judge, or settle for next to nothing and lick my wounds?
 


BL

Senior Member
No go to court request an amount of $1,000.00 for their knowingly & willfully reporting inaccurate information to the credit bureaus .( FCRA ) Fair Credit Reporting Act , 15 U.S.C.n 1681s-2 S 623 responsibilities of furnishers of information to consumer reporting agencies.

Also,for attorney fees and any damages caused by their inaccurate report.

Personally I would request the max. amount you can sue for in small claims.

They are trying to get off cheap and lure you into another CC. Don't fall for it .

I was offer the same thing once. Although I didn't sue, the report was removed, and of course the good credit history gone.

After Court , you can send the CRA a letter to add to your reports, that you had GOOD credit Standing until this Co. illegally ruined it .
 
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