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submitting a small claim suit against a company, don't have any persons as defendents

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ike529az

Junior Member
What is the name of your state (only U.S. law)? OHIO

My suit is against Chex Systems, Inc., a consumer-reporting agency in Minnesota. They are in violation of the Fair credit act report due to not providing as per my request proof of their investigation of erroroneus information on their report within 45 days which has cost me monetary damages. I'm suing for 3K and when you call them, you are connected to India. I checked their company profile and employees are not listed. I do know that Philip J. Meyer is the President.
My thought was, if I can list a US employee name or 2 on the claim, they would settle fast because they won't send lawyers from Minn. to Oh. for 3K. I would actually settle for $100 and a cleaned corrected report. My question is, is it worth suing just the company? I'm concerned I wouldn't have the same pull without having the threat of judgements on their employees? What would you do? Thanks, Dwight
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? OHIO

My suit is against Chex Systems, Inc., a consumer-reporting agency in Minnesota. They are in violation of the Fair credit act report due to not providing as per my request proof of their investigation of erroroneus information on their report within 45 days which has cost me monetary damages. I'm suing for 3K and when you call them, you are connected to India. I checked their company profile and employees are not listed. I do know that Philip J. Meyer is the President.
My thought was, if I can list a US employee name or 2 on the claim, they would settle fast because they won't send lawyers from Minn. to Oh. for 3K. I would actually settle for $100 and a cleaned corrected report. My question is, is it worth suing just the company? I'm concerned I wouldn't have the same pull without having the threat of judgements on their employees? What would you do? Thanks, Dwight
You would need to find their registered agent for service of process in Ohio. You don't sue individual employees.
 

cbg

I'm a Northern Girl
So, do you have proof of exactly which employees were responsible for the error? Or are you planning to just pick names of employees at random?
 

ike529az

Junior Member
reply

the paperwork you receive is from a distribution center and it never has a name on it other than consumer relation dept.
So there's no way to pinpoint who made the errors. The purpose of picking a person is to declare them as an agent or representative of the company.
Mind you, this is is after an exhaustive search to find a customer service manager but they always say they'll have them call you and they never do - this company is very well known by consumers for cloaking effectively. What did you think of the president - I'm trying to get the contact open with their legal dept. - the word out there is they settle quickly, because its 1 out of millions of reports they process.
 

ike529az

Junior Member
How do you intend to prove damages?

I have copies of my request for proof of their investigations with dates and copies of their follow up reports which show they did nothing to alter or delete false information within 45 days - They will never come from Minn. to fight me in Ohio - I do have templates from other successful small claim suits against them which spell out the laws they violated.
 

ike529az

Junior Member
You would need to find their registered agent for service of process in Ohio. You don

I am not a lawyer. I have no idea what you mean by this.
 

Zigner

Senior Member, Non-Attorney
I am not a lawyer. I have no idea what you mean by this.
You wish to designate an individual as their agent...that's not how it works. There is already an official "agent" registered with the state on which you would need to serve legal notice. Check http://www.sos.state.oh.us/Businesses/BusinessInformation/ServiceofProcess.aspx for information on how to find that agent.
 

ike529az

Junior Member
sounds too complicated

this is a small claims suit - Maybe I was mistakened in using the word "agent". It appears to have legal eze tentacles.
I sued an out of state company before and some of its employees in a small claim suit - and never had to do any of that. I won the suit.
I don't think a small claim suit against just the company Chex systems will have any bite or results.
 
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Zigner

Senior Member, Non-Attorney
this is a small claims suit - Maybe I was mistakened in using the word "agent". It appears to have legal eze tentacles.
I sued an out of state company before and some of its employees in a small claim suit - and never had to do any of that. I won the suit.
I don't think a small claim suit against just the company Chex systems will have any bite or results.
I thought you were here for correct advice...color me embarrassed!


Good day & good luck!
 

swalsh411

Senior Member
You don't just declare a person to be an agent of the company. That's not how it works. You sue the registered agent of the company.

You still have answered how you intend to prove damages. Did you apply for a loan or bank account and were denied?

Why would you expect any help from their legal department? They are not going to help somebody who is trying to sue them.
 

ike529az

Junior Member
they reported a couple of bank inquiries for new accounts multiple times

my bank history is perfect - no denials, bad checks, debt, etc.,

Let me be clear, I'm not a lawyer so all of you stop jumping on me because I mis-used the word declaring an agent
and High fiving each other how you told a newbie off - I'm here for help, not a brow beating.

How do I find the registered agent for the company I'm suing?
The website given was for Ohio. Chex Systems is in Minn.

I'm not going to the legal dept. for help - i'm applying pressure by pushing them to settle for $100 and 1 clean report out of 3 million reports vs. flying 2 lawyers roundtrip for the day from Minnesota to Ohio and missing a day of work plus expenses and mabe even losing.
 
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Zigner

Senior Member, Non-Attorney
my bank history is perfect - no denials, bad checks, debt, etc.,

Let me be clear, I'm not a lawyer so all of you stop jumping on me because I mis-used the word declaring an agent
and High fiving each other how you told a newbie off - I'm here for help, not a brow beating.

How do I find the registered agent for the company I'm suing?
The website given was for Ohio. Chex Systems is in Minn.
Google is your friend.

ETA: The attitude you've taken with the volunteers on this forum leaves a lot to be desired.
 

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