Help Tutorial How to Sue CRA and OC Force Action

[Anonymous]

Hello,

Some fake original creditor (OC) has a tradeline (TL) on my credit report (CR).

1) I plan to dispute with the CRA

2) I expect the CRA to let it stay

3) I need to learn how to sue (or whatever the appropriate legal action is) the CRA and OC

4) The debt is invalid, not true, no way the OC or CRA has any kind of legitimate documents related to it, thereis some mistake

5) Even though peers let me know the CFPB was a joke, as did some of the lawyers, I went through the process. Nothing happened. The OC and CRA could provide nothing related to the "debt." The OC said the debt was valid. The CFPB closed the case. CFPB asked no questions, waste of time. It was like the BBB wen I went through them first, very strange.

4) As soon as the CRA fails to remove the line, I plan to take legal action, but HOW? I am okay with hiring a lawyer, but I've called 15 and none have any advice for me. Most are bankruptcy, credit repair, consumer "specialists." My credit score is high 800s. I have no need for credit "repair" or bankruptcy.

....

a) How to force the CRA to remove the TL

b) How to force the OC to provide a signed affidavit that the debt is invalid and discharged with no negative impact up me

c) Or have a judge declare the debt invalid and no negative impact to me

d) Force the CRA and OC report the results back to all CRAs, not just one

FCRA

[RobertEG]

The dispute process under the FCRA is based on findings by the furnisher and the CRA either that the reporting is accurate or that it is corrected.

It is not a full legal process that first mandates both parties produce all relevant documentation, and then has a judge empowered to rule on what the evidence does or does not prove.

The FCRA explicitly denies a consumer the right to directly bring their own civil action based on an assertion of inaccurate reporting, even if the reporting was knowingly or negligently inaccurate.  See FCRA 623(c).   Congress exempted direct and private lawsuits based on accuracy of reporting in order not to quench willingness of parties to report information to the CRAs.

The consumer must first dispute the accuracy of the reporting, providing the furnisher the opportunity to correct the inaccuracy.

The furnisher is then required to conduct a reasonable investigation and report their finding to the CRA, which can either be verification of the accuracy as it stands, correction so as to overcome the inaccuracy, or if verifcation or correction cannot be provided, the CRA is required to delete until such time as verification/correct is provided.

If the furnisher verifies the accuracy back to the CRA, then FCRA 623(c) provides the right to private consumer civil action based on the reasonableness of the furnisher's investigation and verification.  The consumer then can indirectly contest the issue by filing civil action on the reasonableness of theri investigation of the dispute as opposed to filing civil action based on the reporting per se.

You assert that there is no way that the creditor has any basis to verify a dispute of the accuracy of their reporting.  That is only an opinion until affirmed by a judge.

If that is the case, then they have no defense in court, and you should prevail.  However, that is up to a judge to decide after each side has filed its pre-trial discovery evidence.

As for the process, after receiving verification of your dispute, contact the clerk of the court and request the proper forms and instructions on how to file a small claims action, with the asserted violation being that of an unreasonable investigation of your dispute of accuracy.

[Anonymous]

I appreciate you taking the time to read and reply to my initial post. I tried to keep my response back short and clear, apologies for any abruptness or lack of clarity.

"... However, that is up to a judge to decide after each side has filed its pre-trial discovery evidence."

I would like to be prepared for the CRA to do nothing, and do not understand what kind of lawyer to hire so that when 30 days is up I immediately take action against the CRA.

"As for the process, after receiving verification of your dispute, contact the clerk of the court and request the proper forms and instructions on how to file a small claims action, with the asserted violation being that of an unreasonable investigation of your dispute of accuracy."

Kind of like what I'm trying to say above, I want to be ready to take action as soon as I first contact to the CRA. I don't want to wait for a response and then plan. I'm trying to hire an attorney and/or figure out exactly what documents and processes I need in order to take simultaneous action against the CRA and the OC after their time to correct the errors is up. Clearly, if the CRA miraculously deletes the TL, I won't have to take action against them, only the OC.

I don't understand what document(s)/process(es) to use against the CRA when time is up.

I do understand that action against them is a lawsuit larger than small claims violations including: "unreasonable investigation."

I don't know what court system to use, I've never filed a lawsuit before, but it will be beyond small claims.

I don't understand what document(s)/process(es) to use against the OC when time is up.

I do understand that the same kind of suit as used against the CRA is possible for "unreasonable investigation."

Some others: "Under the FCRA, you canrecover fordamage toyourcredit reputation, time spent correcting errors, invasion of privacy, frustration,humiliation, and otheremotional-distresstype harms"

I do understand that action against the OC for me will not be small claims (it will be larger than small claims) and will include actual and punitive damages. I undersand that the burden for proving unreasonable investigation is upon me, the future plaintiff. However, I do not understand everything I need to properly file that kind of lawsuit or where to even start, such as if I did not use a laywer (I want to hire one, hard for me to find ), how would I properly file pre-trial discovery requests that would include the OC needing to actually have documents, contracts, etc.? Since the OC won't have anything, in turn I do not understand what I will need to do next in order to ask the judge to then award me summary judgement for all claims brought against OC and the CRA.

I suspect there is some cross over in the OC system, which wouldn't matter, I'd win judgement and clear off the invalid debt..

However, in the off chance it is fraud, I wouldn't know what steps to take to have law enforcement do fingerprint, handwriting and other analyses on any paperwork.

sorry for the blank post

[Anonymous]

I think it is important to note that my letter to the CRA is ready to send. It is detailed and I clearly state that upon the failure of either party to correct the error and clear the invalid debt - I take action. There will be no intent to sue letter or trash like that, I'm including that in my initial statement.

Furthermore, there will be a notary and legal witnesses verifying the actual contents of the letter to the CRA, so if the errors/debt are not fixed, the sworn testimony of notary and witnesses along with the authentic records of letter contents to the CRA are availble for the court or pretrial inspection by the judge if that kind of thing happens. Yes, the letter will be certified/signed tracked, but that is not sufficient enough for the court to have evidence of contents of my letter to the CRA, hence the notary/witnesses from a local business. Sadly they have no expertise in this kind of lawsuit though.

I only posted in this forum because when I searched before my first post, I couldn't find a more appropriate forum besides "Rebuilding Your Credit."

[Anonymous]

Still searching for help on this. Even what kind of "practice" lawyer to search for. Thanks

[Anonymous]

Looking...

[Anonymous]

Found: http://www.consumeradvocates.org/find-an-attorney only has "credit reporting" in practice area...will check it out.