View Full Version : Sears SUED for discharged account - counter sue?


robert2003
After finding out my Chapter 7 bankruptcy rights were violated, what steps should I do next.

I was sued in small claims court for the balance of my account.
I was able to get it dissmissed with predjudice.
They refuse to remove the negative credit entry.

What could I sue the law firm or Sears who sued me?
I'm trying to think of all the laws/rights they violated.
I've talked to about 30 attoneys and they won't touch it because of conflict of interest. One attorney said they would take the case but wants a $2,500 retainer to take it to federal court.

I want to to start off in small claims first. The statue of limitations is going to run out soon.
I have some ideas.
Thanks

Christine
What were your damages?

Obviously, you were inconveniences and stressed (not anything you can sue for in small claims) - but how do you quantify that?

Did you have to take time off work?

You mention the SOL, when was that?

What state are you in?

lwpman28
I have noticed that transunion and experian reports discharged

bankruptcys as showing $0 liability verse equifax which reports

the total amount filed upon even after discharge.


as for the cra's are they required to show a $0 liability

after the bk has been discharged?


if you are interested , i am beginning a civil claim

against experian for reaging dates of civil claims

reported. they currently report the date judgement is

entered and not the common true filing date.


also they refuse to disclose the name of the court reporter

via written notice for the information. experian claims they

are not required to disclose this information for any reason

other than a discovery order by the courts. the fcra applies that

rule to investigative consumer reports only. whereas experian

claims their standard credit reports are investigative reports.

the fcra defines each report accordingly


- john