What happens when you file an FCRA Civil Suit in Federal Court?

[Anonymous]

Hello everyone! New member and first post here. Has anybody in this forum filed an FCRA complaint in their US District court before? Specifically Pro-Se? 

I have, and I am wondering what the typical timeline is if you're requesting that the 3 agencies settlethe case? I am not seeking a monetary award, just to shove the 3 agencies int he right direction to remove the negative accounts/inquiries from my report due to identity theft. I have been fighting this identity theft since 2014 and have an CFPB ID Theft Report and a local Police ID Theft Report. 

So far, I have filed the case on December 21st 2017 and have gone to one hearing with the judge. Nobody from any agency made an appearance despite being served 3 times via mail and fax (each time to numerous addresses) and also being served directly by the Clerk of the Court to their Headquartered offices. 

I asked each agency to remove specific items, and so far as of Friday 2/16/18 Experian went in on that day and removed over 100 inquiries and accounts in under an hour. I must have lit a fire under someone's butt. 

It might help to know that I am 24 years old, and have used credit maturely and wisely all my life, and I have a nice mix of credit. All of the numerous accounts that are mine have no missed payments. Even with the immense fraud on my reports, I have a healthy 610 score across the board. 

-You can see the case here: https://www.pacermonitor.com/public/case/23322505/Zachary_Collins_v_Transunion_LLC_et_al 

-Here is a screenshot of some of what Experian rushed to finish on Friday: https://ibb.co/hwhUWS

-If you are interested in seeing a copy of the FCRA complaint I drafted, you may do so here: https://nofile.io/f/JqPY0pmf0KK/fcra+lawsuit+redacted.pdf 

[HiiiPoWeR]

I think your in good shape right now as far as CRA not responding to the petition, you might win by default.

FYI:

I'm in the process of filing suit against Experian as well.

[Pikaboo-icu]

WoW!!!

I don't have any experience with this but I want to wish you the best of luck!!

I can't imagine how awful that must be for you..

I honestly hope this resolves in your favor...

I agree with the above if the CRA's don't respond, you should eventually win by default..

GOOD LUCK!!! 

[Anonymous]

While I can win by default, it would (in my opinion) drag out the process. No company wants a judgment of any kind in the system. Even if its non-monetary, they will petition to have the judgment reversed before settling with me which will take more time. I am dealing with Equifax's attorney and now Trans Union's attorney. While I am surprised that they still have not filed an answer to the complaint... I would like to give them the opportunity to grow a conscience and rectify my credit report. 

In addition to expressing my concerns of not wishing to waste the courts time, hoping for the credit agencies to grow a conscience is verbatim what I wold the presiding judge during the last hearing. He laughed and laughed (at their expense, not mine). 

[HiiiPoWeR]

I would request the judge to close case with prejudice meaning they can't petition to reopen.

[RobertEG]

If the defendent's answer was due 1/24/2018 and not filed, did you then move in the hearing held in February for award of summary judgment?

Why is the court proceeding to scheduling of hearings?

[bass_playr]

Most of the time in my experience, you won't get a default judgment "with prejudice".....simply because it's a default judgment.

[Anonymous]

Hey RobertEG, in the February hearing we did discuss that the Defandant(s) had not responded to the complaint, but I did not move for a default judgment. I had it prepared and with me, but I just wanted them to settle which they are now doing. 

The proceeding on 2/12 was to order a trial date, and other timeline issues such as the last day to bring a motion before the court, and when the last date to accept discovery is. 

[Anonymous]

Update: Trans Union has settled the case, and essentially allowed me to construct my own credit report in the process. They removed the fraudulent accounts, but also removed the BK and some other issues that essentially tidied up my profile to top-notch levels. Turn around time from speaking with Trans Union's attorney and the settlement was under 24 hours. 

Experian is still in the process of removing items, but their attorney is basing their settlement offer on Trans Union's.

Equifax is taking their sweet time. They are busy settling the Data Breach with other consumers, but I was assured that I will have an update or final settlement on Tuesday. 

[HiiiPoWeR]

It looks like it's working out in your favor!