Have to refile against TU, Equifax, NCO and Dana Capital - name judge Broomfileld and the court?
Judge Wake dismissed TU, Equifax, NCO and Dana Capital because the claims aren’t identical or related to my claims against DirecTV. The bright side is that HOPEFULLY I’ll soon get to start discovery and I can’t wait to send my discovery requests to Focus Receivables.
I’ll dismiss DirecTV, since judge Wake dismissed my claims against them except breach of contract WITH PREJUDICE and he wants to dismiss them due to lack of federal jurisdiction.
So I hope that the DirecTV executives and lawyers choke on the money they stole from me.
I can’t afford to litigate over a few hundred dollars.
You have to remember that the American legal system considers me a slave, my time has no value because I am not an attorney. I prefer to take the time to write the DirecTV chapter in my book and to finally get the press release out.
There are a lot of filings to upload, maybe I’ll get to it this weekend.
I had time to contemplate how to proceed while driving to town yesterday. I could add to the new suit against NCO and TU the parties involved with the posting of my credit reports on PACER.
Jones Day & Marc Carlson, the attorney who filed my unredacted credit reports, Experian and ConsumerInfo.com, the defendants on whose behalf my unredacted credit reports were filed and judge Broomfield and the court for refusing to remove the unredacted reports despite my 3 motions— until I dismissed all my claims with prejudice for nothing but the removal of my credit reports.
I want a preliminary injunction, prohibiting the posting of ANY of my credit reports on PACER. Credit reports must be filed under seal.
Ultimately I want a standing order for the court to prohibit the filing of any consumer report on PACER unless the consumer consents.
There is NO reason not to file credit reports under seal.
I want the defendants to pay for whatever it takes to get me a new social security number, drivers license number, phone number, address, etc. Can’t change my birth date.
If you look at the individuals’ conduct, it certainly APPEARS as if they conspired to destroy me. But they probably pursued their own agenda, to stop my from filing lawsuits, to subject me to ID theft and physical harm, to cause “mental anguish” and to force me into bankruptcy.
With regards to the defendants who were just dismissed, the central claim is that all 3 CRAs failed to terminate NCO’s and Dana Capital’s access to consumer reports after they received my written request in 12/04 and just in March 2007, Dana Capital ran my credit again. Dana Capital is now out of business. Maybe I could name CEO Dana Smith?
If I file 2 lawsuits and spend well over $1,000 dollars on filing and service fees, will they move for joinder? At least one claim will be identical, providing credit reports to persons without permissible purpose.
I have lots of time before the SOL expires for the filing of my unredacted reports on PACER, but I have only a few weeks to refile against TU and NCO regarding their inquiry and add Experian and Equifax re. the 3/07 Dana Capital inquiry.
Question 1: How do I keep Experian from filing my credit reports on PACER again?
Question 2: Am I obligated to state all my claims against Experian, including regarding their posting of my reports on PACER?
If I file one complaint with all claims and I get judge Wake again, NCO only needs to file a motion to dismiss and he will dismiss all defendants not related to the NCO claims and I wasted a lot of money. If the court, Broomfield or Jones Day file a motion to dismiss, he will dismiss NCO and then the SOL expired for their collection inquiry.
I guess the only way to make sure that I don’t lose claims due to expired SOL and to prevent Experian from filing my credit reports on PACER again is to file two suits now. $700 filing fees + costs of service that I really can’t spend until I sold my home. Not to mention that it’ll take MANY hours to write the complaints, figure out who + how to serve, etc.
So I’ll have to price my place BELOW MARKET for a quick sale. I’ve been working endless hours landscaping and making it look good to get top dollar and I’m almost done. I just can’t win.
Posted by Christine on 05/18/2007 at 10:13 AM
2006 Collection Suit (in discovery) • 2003 Suit (appealed, Experian filed credit reports on PACER) • 2007 Appeal - American Agencies, Experian, CIC • (0) Comments • Permalink




