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Taking Equifax to Small Claims Court

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Re: Taking Equifax to Small Claims Court

#11
post #2

Now try collecting.

Just walk into their office with a court order and start taking items. I would grab laptops first. Cops will show, then after they see the court order they will help you start bagging things. https://www.youtube.com/watch?v=3ctLEGrOmf4

Sure, unless you're black.

Re: Taking Equifax to Small Claims Court

#12
post #2

Now try collecting.

Those corporations are just as subject to these kinds of laws (there are other laws that they are de facto immune from but let's not get into that). The bank of america case elsewhere cited is a famous example.

In my case, a few years ago: ADP double-debited our $250K IRS payroll tax deposit from our payroll account (pro tip: never allow third parties to make automatic withdrawals from your main bank account -- use a dedicated account you top up as needed). This would have caused employees' paychecks to bounce except my bank kindly called me first and I was able to move money across.

ADP didn't care: their position was they had sent the money to the IRS; I could get a credit from the IRS next quarter and it was none of ADP's business. I finally got through to the head of the nor cal region. Not only was he unsympathetic, he complained, "I don't know why you insist saying we 'took' your money -- we don't have your money, the IRS does. We didn't take anything, we don't even have much of a bank account." So I decided to agree with him: "You're right, I shouldn't say that. The correct term is 'felony grand larceny.' If the money isn't back in my account by the time the fed wire closes I'll take it up with the Santa Clara County Sheriff." (By that time it was about noon, so they only had about an hour to get their act together, having frittered away all morning with call centers and intransigence).

Remarkably, the F500 company that had "no possible way" to send me my money was able to get the $250K to me within the hour. They do not want to deal with the local sheriff.

Re: Taking Equifax to Small Claims Court

#13
Am i the only one kind of shocked at how little he actually got? I realize it's small claims court but seriously that's a pittance compared to the cost of a lifetime of credit monitoring. Say you're 30 years old. You have a reasonable expectations of living another 30-40 years minimum. Being compensated for only 120 months (10 years) of credit monitoring is just ridiculous.

Re: Taking Equifax to Small Claims Court

#14
post #2

Now try collecting.

Just walk into their office with a court order and start taking items. I would grab laptops first. Cops will show, then after they see the court order they will help you start bagging things. https://www.youtube.com/watch?v=3ctLEGrOmf4

> Just walk into their office with a court order and start taking items

Absolutely do not do this. Go to the police station (edit: court) first, with the court order, and explain your need for armed escort.

Re: Taking Equifax to Small Claims Court

#15
post #12
post #2

Now try collecting.

Those corporations are just as subject to these kinds of laws (there are other laws that they are de facto immune from but let's not get into that). The bank of america case elsewhere cited is a famous example. In my case, a few years ago: ADP double-debited our $250K IRS payroll tax deposit from our payroll account (pro tip: never allow third parties to make automatic withdrawals from your main bank account -- use a…

A friend of mine is an attorney. His client had a judgement against a relatively small bank. In his words, the bank was being a "horse's ass" and not paying.

He got a judge to sign off on the sheriff assisting in collection. The client was about to be a proud owner of the servers run by the bank.

When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and tell him they're writing a check.

Sometimes companies just need a bit of persuasion.

Re: Taking Equifax to Small Claims Court

#16

Earlier quoted context omitted.

Just walk into their office with a court order and start taking items. I would grab laptops first. Cops will show, then after they see the court order they will help you start bagging things. https://www.youtube.com/watch?v=3ctLEGrOmf4

> Just walk into their office with a court order and start taking items Absolutely do not do this. Go to the police station (edit: court) first, with the court order, and explain your need for armed escort.

I thought this was the jurisdiction of the Sheriff who works for the court.

* Cops and Sheriffs are completely different.

Re: Taking Equifax to Small Claims Court

#17
post #2

Now try collecting.

Just walk into their office with a court order and start taking items. I would grab laptops first. Cops will show, then after they see the court order they will help you start bagging things. https://www.youtube.com/watch?v=3ctLEGrOmf4

In my state you can get a court order to a court officer to seize property. Do not do it yourself. I once had a judgment against someone and I hired the court officer to go to the defendant's house and start towing his cars. I immediately got a call and cash in my hand within an hour.

Re: Taking Equifax to Small Claims Court

#18

Am i the only one kind of shocked at how little he actually got? I realize it's small claims court but seriously that's a pittance compared to the cost of a lifetime of credit monitoring. Say you're 30 years old. You have a reasonable expectations of living another 30-40 years minimum. Being compensated for only 120 months (10 years) of credit monitoring is just ridiculous.

There's usually a small claims upper limit, so that's the max you can ask for without going to a regular trial court, where the rules are much more complex.

Re: Taking Equifax to Small Claims Court

#19

Earlier quoted context omitted.

> Just walk into their office with a court order and start taking items Absolutely do not do this. Go to the police station (edit: court) first, with the court order, and explain your need for armed escort.

I thought this was the jurisdiction of the Sheriff who works for the court. * Cops and Sheriffs are completely different.

You are correct.

Re: Taking Equifax to Small Claims Court

#20
post #15
post #12

Earlier quoted context omitted.

Those corporations are just as subject to these kinds of laws (there are other laws that they are de facto immune from but let's not get into that). The bank of america case elsewhere cited is a famous example. In my case, a few years ago: ADP double-debited our $250K IRS payroll tax deposit from our payroll account (pro tip: never allow third parties to make automatic withdrawals from your main bank account -- use a…

A friend of mine is an attorney. His client had a judgement against a relatively small bank. In his words, the bank was being a "horse's ass" and not paying. He got a judge to sign off on the sheriff assisting in collection. The client was about to be a proud owner of the servers run by the bank. When the sheriff arrived, the bank manager immediately called their attorney to call the client's attorney (my friend) and…

A well publicized example happened during the mortgage crisis where a couple foreclosed on a Bank of America branch in Florida after BoA refused to pay court ordered restitution: http://business.time.com/2011/06/06/homeowner-forecloses-on-...
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