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suing ChexSystems In Small Claims Court

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ike529az

Junior Member
What is the name of your state (only U.S. law)? Ohio
They report only negative bank history to banks. On my report with them, they were reporting bank inquiries on new account applications I made 6-7 times on 1 bank. It took numerous requests and calls to remove them and continues to happen. As a result I was denied bank accounts. I'm suing them for $2600 which includes violations of the Fair credit reporting act, loss of income and court fees. I didn't think along the way I was going to end up in court so I didn't keep good records - I do have 2 letters where I asked them to remove errors. All of the forums said that Chex Systems always responds to suits by cleaning the reports to avoid court. They are in Minnesota and in my case, they hired a local big law firm to fight me and the law firm just asked for a 60 day continuance to prepare to fight me. My first thoughts are that I could present a good oral argument but my paper proof is weak and I would lose esp. going up against a lawyer with all the docs. he needs from Chex Systems. They might even counter sue for legal fees. I thought I could make a dismissal offer for a clean record and $600to cover loss of income and court fees. I'm concerned on that option that he could use it against me in court and also tip my hand that I don't have a strong case - I have to get that report cleaned because it could cost me a lot of money in the future. What would your startegy be? Thanks!
 


Mass_Shyster

Senior Member
Offers to settle are inadmissible in court. See MN Rules of Evidence 408
Rule 408. Compromise and Offers to Compromise
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
 

racer72

Senior Member
What would your startegy be?
You ever hear the song Don't Mess Around With Jim by Jim Croce? It should also include the line "don't sue large national companies without consulting a lawyer first. What that lawfirm will likely do now is move to have your case moved to a higher court, bury you in legalese, question everything about your from the day you were conceived and leave you a quivering mass of jello on the floor. Your stategy should be to hire you an attorney, the sooner the better.
 

Mass_Shyster

Senior Member
The OP is suing in Ohio.
Oops! My bad.

Use Ohio Rule 408 instead.

OHIO RULES OF EVIDENCE
RULE 408. Compromise and Offers to Compromise
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
 

TigerD

Senior Member
Somebody is fixing to have to pay ChexSystems' legal fees.

You need to hire an attorney immediately.

You are potentially facing a fight in federal court. I am not a lawyer, but my strategy would be similar: Ask for a continuance, prepare the filing for removal to federal court. Destroy you. Ask the court to award attorney's fees and costs.

Oh. Your strategy... run to an attorney immediately and hope you can get out of this only having to pay a couple of thousand.

DC
 

ike529az

Junior Member
hiring a lawyer

I'm on disability - I make just enough so I don't qualfy for legal aid.

I guess worse case scenario I could dismiss the case, or could they still come after me for the work(legal fees) they have already done?

In their letter to the judge (copied to me)they asked for a continuance to prepare to bring a just aand efficient resolution to the case.
 

ike529az

Junior Member
get out of Dodge?

I'm on disability - I make just enough so I don't qualfy for legal aid.

I guess worse case scenario I could dismiss the case, or could they still come after me for the work(legal fees) they have already done?

In their letter to the judge (copied to me)they asked for a continuance to prepare to bring a just aand efficient resolution to the case.


Is dismissing the case right away a viable option in terms of making this big local firm go away so I don't suffer any further monetary damages other than the $100 I paid to Small Claims Court to start the suit?
 

Antigone*

Senior Member
Is dismissing the case right away a viable option in terms of making this big local firm go away so I don't suffer any further monetary damages other than the $100 I paid to Small Claims Court to start the suit?
You baited the bear and now the bear is pissed off. You have caused them to waste resources, if I were on the legal team that had to deal with your piddly squabble, I'd certainly make sure that any offer to settle includes you reimbursing Chex Systems for any expenses incurred.
 

ike529az

Junior Member
I hear ya

You baited the bear and now the bear is pissed off. You have caused them to waste resources, if I were on the legal team that had to deal with your piddly squabble, I'd certainly make sure that any offer to settle includes you reimbursing Chex Systems for any expenses incurred.
what about going down to Small Claims Court today and dismissing the case?

How do you think the the local big firm representing Chex Systems is likely to respond?
 

ike529az

Junior Member
in a nutshell...

To be honest I don't have the money, patience or cahonies to fight ChexSytem's local big firm who I found out specializes in representing creditors and has 6 offices throughtout the country. At his point I'd be happy just settling with 500 bucks and a clean report but I truly believe that even that negotiation will be like putting a boa contrictor in a bag for the 1st time. I'm thinking of just going down and dismissing the case purely for piece of mind and to protect what little assets I have. I'm not trying to prove I can run with the big dogs. Do you think dismissing will have any possible monetary fallout for me since ChexSystems has already run up a tab with the local big firm to get involved?
 

Proserpina

Senior Member
To be honest I don't have the money, patience or cahonies to fight ChexSytem's local big firm who I found out specializes in representing creditors and has 6 offices throughtout the country. At his point I'd be happy just settling with 500 bucks and a clean report but I truly believe that even that negotiation will be like putting a boa contrictor in a bag for the 1st time. I'm thinking of just going down and dismissing the case purely for piece of mind and to protect what little assets I have. I'm not trying to prove I can run with the big dogs. Do you think dismissing will have any possible monetary fallout for me since ChexSystems has already run up a tab with the local big firm to get involved?

I'd expect them to come after you for their expenses.
 

ike529az

Junior Member
me too

less owed now then later when I get the letter they've moved the case to a higher court and I'm scheduled to appear 2 months from now.
 

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