rebbit (registered user
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04/26/02 12:57 PM
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Filing Question
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Why are all county workers so rude and unwelcoming? No wonder everyone is so afraid of suing for violations, etc.
Anyway, I went to the small claims court office for my county today to pick up the forms to be filed against Equifax. Equifax's registered agent is in another county. The lady that gave me the papers said that I had to file in the county that they are in. I told her no, the FCRA says you can bring suit in your local court. Am I right or wrong? Why should we have to go to them if that is the case? I plan on mailing in my filled out forms to file anyways, but I would like to just include a printout or note from the FCRA or somewhere that says that I am allowed to file in my county. Does anyone know where I can find this? I have read over the FCRA but I'm not sure which section to quote. Any help would be appreciated.
Thanks!
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whyspers (Administrator)
04/26/02 01:25 PM
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They are just overworked and underpaid. If you are super nice to them though, they will be more helpful (at least in my experience). Every time I have to call over there, I'm always sickeningly sweet and nice and ask how they are doing, etc...lol.
Anyway...I don't have a copy handy of the FCRA, but there is a section that says something along the lines of "federal court or any court of competent jurisdiction". I wouldn't even worry about that...just mail in your complaint and fee and then have them served.
Good luck with it!!! Please post about your case so we can follow it with you. :)
L
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Herauntsis (registered user
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08/03/02 11:26 PM
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I am a newbie here, so please bear with me. I have searched and read and searched and read, and now I am more confused then when I started.
I live in California. I am doing research on filing in small claims court against Equifax, Experian, and Trans Union. I am completely confused on the subject of venues and agents for service of process. Can I file a small claims suit in my county, and who do I have served?
I have checked out the SOS for California, and there are a bunch of companies with similar names. My credit reports are no help; they just say "experian" or "Trans Union," so I can't figure out who the right companies are. Do I have to serve their agents in California, or can I just have them served at their corporate headquarters or what? And how do I find out what the actual full legal name of the darned companies are?
Thanks for any direction anyone can give me ;)
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whyspers (Administrator)
08/05/02 03:42 PM
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Experian will be Experian Information Solutions, Inc. You can check out the FTC website and find out the legal name for the other two (the FTC has had cases against all three of the CRAs, so its there).
You can file in small claims, but sometimes the court will ask you to show them why they have jurisdiction. I've seen others have them happen, but it seems like for the most part, most small claims courts recognize that they a court of competent jurisdiction.
You should serve them through their registered agent. If you go to the main page of this website and then click on Seidman v. Experian, you can find the information on who to serve and how to go about doing it. There's a letter there to the Sheriff where I sent it to have it served.
Good luck!!!
L
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