Legal Question in Consumer Law in Virginia
Suing for report a company to BBB
Being Suit in W Virginia by an owner of Credit Repair Agency. I lived in Virginia but contracted a company to repair few problems on my credit report on a Feb 2007. When this company file with Credit Bureaus my disputes, they sent my date of birth wrong. I did not receive any dispute reponse from EXperian and TRansunion, but EQuifax sent me someone credit files.
I need ask for refund of my $250, a part payment of the $350 I was charged. The owner of the compnay flately refused so reported to BBB, of which the company is a member. BBB could not resolve the issue. I receive a law suit from the owner of this company claiming several damages including demafation, physical injury and stress in the amount of $75000.
I need some help since I have only 4 days to reponse to this law suit. A lawyer I contacted in West Virginia refused to take the case after two weeks of wasting my time. Please I live in the Northern VA area.
2 Answers from Attorneys
Re: Suing for report a company to BBB
Unless you were properly served with notice of the lawsuit under applicable West Virginia law, you should not respond at all if such notice was defective or faulty and did not meet the requirements of West Virginia law.
However, if service was sufficient and you aren't able to retain an attorney to represent you, your best approach is to file an answer within the required time period denying all allegations.(Merely reporting a disputed charge to the BBB cannot be a sufficient legal basis for finding a person liable for defamation.)
Re: Suing for report a company to BBB
If I read this correctly, you say the Credit Repair Agency is suing YOU for $75,000 and their mistake led to your receipt of someone else's credit information? I highly suggest you contact another attorney. If not able to do so before the deadline, I agree with advice given to at least file an answer.
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