Small Claims Court

[NOWAYOUT]

What is the name of your state? Indiana I recently retired sold my home and decided to buy a condo. I've always had excellent credit but when the lender ran a credit check on me it popped up a credit card I never heard of and never applied for. I contacted the credit bureaus and disputed the false information they had listed in my account. Two of the agencies have since found the information to be false and have removed the information from my file but this took several letters and I also filed a complaint with the attorney generals office in the town where the creditor resides. Experian still has the negative information listed in my credit file and have told me that they investigated the information and it has been comfirmed. I've contacted the creditor by phone and they tell me that experian has not contacted them. What do I do if experian won't reinvestigate my dispute? I've heard it is possible to take the credit card company screwing up my credit to court, however when looking into this I am told that the credit card company has to have an address in the town where I file the complaint. Can you explain this to me?I live in Indiana and the credit card company is in Delaware how do I get this filed in small claims court here? Will a judge say it's out of his jurisdiction?:

 

[HomeGuru]

Post on the Credit and Collections forum.

 

[Ladynred]

You can sue in any 'court of competant jurisdiction' -
FCRA:
"§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

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, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. "



in other words, get the name of the CC's registered agent in IN and file in small claims court. People do it all the time. You can sue EX for refusing to investigate and sue the CC for furnishing false information if they are, in fact, doing so. EX is a royal pain in the patoot and you're going to have to arm-twist to make them either re-investigate or just flat-out sue them. You also have the right to request a procedural report on HOW EX 'verified' the entry.

 

[BL]

I Hate these CRA I went through the same sort of thing w/ all 3.
The holdout(s) told me just because the other 2 removed them don't mean we have to. LOL

It's is a battle for sure . I took me months. I also filed with the ATTRN: GEN's Office.

Ask the Credit Bureau for a copy of the CONSUMER DISPUTE VERIFICATION form they sent the Credit Card Company On the form it will state: this inquiry is being made in conjunction with a consumer's complaint Please complete this form and return within 10 days.

Lender Liability: Responsibilities of furnishers of information to C.R.A.s under F.C.R.A. - -15 U.S.C. 1681 et seq.
If a creditor fails to comply with it's obligation under 623 (b) ,a furnisher may be liable to the consumer for damages sustained as a result of it's failer to comply with the investigation.

Usually if the creditor does not return the form to the CRA as per your complaint ,the CRA will remove it from the record.
Once you get a copy of the Consumer Verification Dispute,if you find any Willingly Knowingly False statement you can have the creditor removed from your report and sue them where there business is at.

The creditor went so far as to re-report the info in other CRAs after it was removed from another.

They are rats !! It wasn't until I contacted FCRA ATTRN: GENs., the banks licensing authority ( stated on the back of billing statements ),Etc.,and a long long battle I was successful.

If experian refuses to send you copy of verification form,bring it to the attn: of the Attrn: Gen's Office.