Several questions were asked about how a creditor might respond to this lawsuit of slander of credit. I can say for a fact that a small percentage of the creditor's attorneys have challenged the lawsuit, but the majority have either failed to respond or were willing to work out a settlement. And by settlement, I mean they have agreed to instruct their client (creditor) to delete all derogatory information in return for me to stipulate to dismiss the case.

However, I want to elaborate on what one particular creditor tried to do (unsuccessfully) inorder to fight the case. They had requested a motion for summary disposition claiming that I had "failed to indicate the common law or statutory basis upon which I was relying". He argued: "Plaintiff has failed to state a claim upon which relief can be granted, and Defendant is entitled to a summary disposition". And, "Plaintiff has no private right of action under the FCRA"

Here is an brief explanation of a request for summary disposition as it applied to my case and basically what the Defendant was claiming.

MCR 2.116(C)(10) permits the court to grant a motion for summary disposition where there is no genuine issue as to any material fact and the defendant is entitled to judgment as a matter of law. The party opposing the summary disposition has the burden of showing that a genuine issue of disputed facts exist. TopevsHowe 176 MICH App 91 (1989). The party opposing the motion may not rest on mere allegations or denials in the pleadings, but must, by affidavits or as otherwise provided by court rules, set forth specific facts showing that there is a genuine issue for trial. Dept of Social Services v Aetna Cas. & Sur. Co., 177 Mich App 440 (1989). Where the opposing party fails to produce documentary evidence establishing a material issue of fact, summary disposition is properly granted. Stanton v dachille, 186 Mich App 247 (1990)


Well, the problem the attorney had by citing this law for summary disposition is that I was able to produce documentary evidence by way of restricted certified mail (papertrail) of all of my disputes, mailings, credit bureau disputes,cancelled checks proving payments, copies of my credit reports showing inaccurate entries, etc. This was enough for the judge to deny the motion for summary disposition.

Next, after failing the summary disposition route, plan B was for the attorney to claim that I failed to show that the furnisher of information (creditor/Defendant) received notice from a consumer reporting agency, as opposed to the Plaintiff alone, that the credit information is disputed. Young v Equifax Credit Info. Services., Inc 294 F.3d 631 (5th Cir.2002) Here, they were claiming that I made no allegation that I had even disputed the matter with any of the credit bureaus! And again, I was able to show a solid papertrail of all of my disputes.

So, it is vital to insure that before you bring a case against a creditor for slander, defamation, etc., that you exhaust all other options required under the law. This obviously means disputing with the bureaus and disputing or requesting verification with the creditors. Fortunately, I discovered an excellent resource that will guide you step-by-step if you really want to EASILY and successfully bring a lawsuit against a creditor. Click right here now and bring your creditors to their knees------->
Sue Your Creditor Who Violate Your Rights for 1000s

Wow. I apologize for the delay in posting here. Outside of my regular job as a lender rep, I have been busy consulting with many people that my mortgage brokers (my clients) have been referring to me. These are potential borrowers typically with scores in the 420-510 range!

One of the most common questions that I hear from those that I explain this process to is: "I want to learn this technique of utilizing the court system you talk about, but I'm not so sure I want to get in front of a judge and attorneys because it can be intimidating." Or: "who am I to get up in a crowded courtroom to presnt a case in front of a judge?" Well, the beauty of this process is that if all steps are followed correctly, you never have to "go to trial" or spend alot of time arguing in front of the other side or in front of a judge. The bulk of the process is filing paperwork with the court clerk. Eventually, the only time you face the judge is in an informal hearing or, what's called "motion day" where you basically ask the judge to sign your motion for entry of default judgment. And the beauty of this is, all that the judge is doing at this point is making sure that all of the necessary documents are in the file and properly recorded by the court clerk. Most importantly, is the proof of service. I'm getting ahead of myself though

So let's assume your efforts at credit repair have been mediocre at best, but for the most part hit or miss with alot of frustrations, and alot of derogs that just won't disappear. You have determined that its time to step it up a notch. You're convinced many creditors are in violation of the FCRA http://www.ftc.gov/os/statutes/031224fcra.pdf and/or the FDCPA. It's time to hold them accountible. The first step is to write up a complaint for slander of credit and defamation of character. Basically in your complaint you are stating that the defendants (creditors) have continued to report inaccurate information on your credit file that has prevented you from receiving financing and has financially damaged you with higher interest rates, insurance, etc. Your complaint however does not ask for financial damages (although it could, but thats another topic I'll discuss later), it simply asks for "specific action", namely that "the court deem all of the reported information as inaccurate, and for the defendants to immediately instruct all three credit reporting agencies to delete all of the derogatory reported information". This is essentially the complaint I filed in my local circuit court. Once the case was filed, I filled out a summons for each and every defendant (I had 12!), and had a freind (a process servor) personally serve the local defendants, and serve the out of state defendants via certified restricted mail to their respective resident agents. At this point it became a waiting game. While we're waiting the 28 days for the defendants to respond, I prepare the additional paperwork that will have to be filed eventually with the court. I will explain this and more in my next post. I promise it will be sooner than it took for me to post this 2nd posting. In the meantime, I will try to answer any questions provided they are posted HERE. I have been getting bombarded with emails at my through my private email addresses, so if you want to make a comment or ask a question, please do so here. Thanks!!

Welcome to the Credit Score Builder! I created this blog to share my many years experience in the mortgage and credit industry. In addition to being a mortgage professional for the last 9 years...I consider myself a "veteran" of do-it-yourself credit repair as evidenced by stacks and stacks of letters I've crafted over the years that have been used to successfully delete late pays, judgments, collections and even entire tradelines.

As a sales manager in the Subprime Wholesale Mortgage industry, I've seen and deciphered many heinous credit reports, and have become very well versed in how the CRAs (credit reporting agencies) tick. Since I became overwhelmed with credit reports with mid scores under 500, I was forced to do 1 of 2 things...turn away these potential borrowers, or find a way to improve their fico scores above the magic 500 mark. I found myself acting as an "unpaid consultant" advising these potential borrowers on repair techniques that I used successfully to build their scores and thus qualify for a loan.

However, I had serious credit cleaning of my own that required attention. So, for a solid 4 month period I had committed to my own credit repair efforts. With the help of an attorney who happens to be a good friend;-) I stumbled on to a strategy No one was using. We were literally pioneers in this area!

Before I knew it, I had developed a proprietary technique that no one else was using to dramatically increase fico scores. This technique goes way beyond dispute letters and involves using the courts In Pro Per(without the services of an attorney) to force deletions that creditors and the CRAs MUST abide by.

I'll never forget the day I walked out of that courtroom with a signed court order demanding that 12 creditors immediately remove ALL derogatory information they had been reporting!!

From that day on I knew that all I had to do was apply the very same steps to ANY credit report for the same results. I am now currently advising several friends, acquentances, business associates, referrals, etc of how I used the court to DEMAND the removal of negative information, and to DEMAND that the FCRA will be followed and not violated for the ultimate goal of improving FICO scores and cleaning up credit reports.

I will be posting here to discuss this technique, and would also like to hear from those who have maybe attempted to use the courts themselves, successfully or unsuccessfully,to remove derogatory credit.