How to File a Suit in New York Against a Credit Bureau
A credit bureau is responsible for providing potential creditors with a view of your reputation as a bill payer. The report filed by a credit bureau can have a major impact on your ability to obtain lines of credit and receive reasonable interest rates. If you find the information reported by a credit bureau is inaccurate, you will need to contact them immediately to file a dispute. In many cases, a credit discrepancy with a credit bureau can be resolved. In rare cases when the bureau is unwilling to work with you or refuses to correct an error, you may need to file a suit against the credit bureau. New York State allows consumers to file a suit against credit bureaus. The Fair Credit Reporting Act (FCRA) protects your rights.
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Instructions
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Contact the credit bureau. Before filing a suit, you should try to settle the issue with the credit bureau directly. Keep records of all communication with the credit bureau.
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Send the bureau a notice of intent to file a lawsuit. You can draft a simple letter yourself without the aid of an attorney. Visit your local New York law library for sample formats. The letter should include your name, social security number, dispute and any evidence supporting your dispute. State your complaint in the letter. Some common types of complaints against credit bureaus are slander, defamation of character and financial damage or suffering. Decide which type you wish to pursue. Give the bureau one last chance to rectify the situation. Request they resolve the situation one last time before moving forward with the suit.
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Gather all documents. You will need letters from the credit bureau, a copy of your credit report and any other documents that may be useful in your case.
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Contact a New York credit advocate attorney or represent yourself. Many attorneys offer free consultations to discuss your case and the fees involved. If you want to avoid attorney fees and represent yourself, do some research on the law. The Fair Credit Report Act Section 623 outlines the responsibilities of the credit bureaus. Study the law and look for violations to support your case.
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Complete the proper paperwork to file the motion against the credit bureau at your local New York clerk of court. Inform the clerk your intent to file a motion. You will be given the proper forms to complete. You must list your name, the name of the credit bureau and the address of the credit bureau. It is very important that the name of the credit bureau is the full legal name and spelled correctly. Any errors in the spelling of the name could result in case dismissal based on a technicality. You are the "Plaintiff" and the credit bureau is "Defendant." You will also need to briefly state why the defendant owes you money. There is a section on the form to indicate the monetary amount of damage you are seeking. Include any out-of-pocket expenses or money lost as a result of the credit bureaus error or negligence.
Sign the paperwork and return to the clerk.
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Pay the filing fee. In New York, you are required to a pay filing fee of $15.00 if your claim is for $1,000 or less. If the claim exceeds $1,000, the filing fee is $20.00.
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Prepare to meet with the judge. You will need to have all your documentation to prove the credit bureau's error or negligence caused you to suffer financially. The judge will determine if your case needs to go before a jury or if it is possible to resolve the matter outside of court.
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Tips & Warnings
Suing a major credit bureau can be a challenge. You can expect a long and sometimes tedious trial.
References
Resources
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