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------->
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