how to sue Equifax for mixed up credit files

Christine, you and another person mentioned to me in another thread that I should contact an attorney about my Equifax file being merged, I just wanted you all to elaborate. Here is the gruesome details:

Around May/June I applied to refinance our home. The mortgage company pulled an Advantage tri-merged. The report consisted of Equifax showing 3 names for me. 1) Terri Nobles xxx-xx-xxxx 2) Terry Nobles xxx-xx-xxxx 3) Terri White xxx-xx-xxxx It clearly showed 2 different ss#'s and 2 different birthdates, but the report itself was merged. Needless to say I was turned down. The mortgage company 'fixed' my reports but told me it was only temporary, that I would have to dispute these accounts myself in the future. So I went to mortgage co. #2, the accounts were gone, I got the loan. about 1 month later I started disputing the stuff on my credit reports. Most fell off but a couple of accounts I had to dispute on multiple occasions and explain to Equifax that it was my brother in laws accounts (Terry Nobles) The last couple of accounts did come off but I had to send Equifax a copy of my dl and ss# on multiple occasions b/c they were still reporting my maiden name (White) Through all of these identy verifications sent to Equifax they still would not report my correct name, until last month I called them a chewed them out, they admitted that had recieved my copies of my id's but could not nderstand why my maiden was still reporting so they disputed it again (the 4th time) Well I called a few days ago and they stated that the change had been made and that I would be recieving a new report anyday. I recieved a new report allright, all of my personal information on my brother in laws report. They updated my ss# and name and address to his crappy report.

So that is the full story. I will say that through all of this, I have not kept the best of records, I was not expecting to need all of the documentation (naive I know, but I really thought it was as plain and simple as write them the letter and everything would be handled) I do have a couple of letters that I wrote them that I started keeping when I realized that it was not going to be that easy. I do also have before and after copies of several of the reports. So, ya'll suggested contacting a lawyer, but I am in a fairly small town, and I have looked in the phone book, and no ads suggest that any of the attorneys practice cases like this. So what I am asking is which way should I go, do I really have anything that is worth even taking to an attorney? I had never once thought about suing until I saw the other thread, but I am worried about this affecting me in the future, since it has happened as recently as last week (recieving brother in laws report w/my info). All of your input is appreciated.

Christine I just realized that I posted in the wrong section and I apolagize for that, I guess you will move it to the appropriate section though. Thanks again, and I am sorry.

No problem.

Equifax isn't normally reporting the names, it's your CREDITORS -- unless you supply information. Did you change your name with all your creditors?

And Equifax should keep your brother in law's accounts OFF your report. If his address shows up, it's most likely because a creditor reports it.

Do you have any accounts on your report now that belong to him?

And re. lawyers, you have to go with "specialists." But before you go looking for a lawyer, you need the documentation. Keep everything you have and wait to see what happens. His address on your report doesn't hurt you, so it's unlikely that's sufficient for a suit.

However, fax your requests to delete any incorrect data and ask how it got on your report. Keep everything.

If his accounts show up again, start contacting some attorneys.

See Jury awards woman $5 million for credit bureau mistake (http://bayhouse.com/credit-forum/showthread.php?s=&threadid=893)

Thanks Christine, but they did not just put my address on his report, they completely changed the information on his report, in other words, instead of updating my name, ss# and address, they updated his. So his report showed Terri Nobles, my ss# (according to equifax) and my address. So in other words, had I gone out and applied for credit in my name and ss#, they would have pulled his credit report. You see what I am saying.

Christine, I did find an attorney who wanted to take the case. He told me instead of suing for FCRA violations though he wanted to sue for defamation of character. If you would like I can keep you posted, but I will do it through e-mail though b/c I am not sure about how court cases work and if this should really be posted in a public forum. On another forum a lawsuit that was going on one of the members actually sent the whole post to the defendant. To be spiteful.

I don't know about suing for defamation, I guess as long as he takes it on contingency, you don't have a lot to worry. If your goal is to get the mess straightened out, it will probably be achieved by filing any suit.

"I am not sure about how court cases work and if this should really be posted in a public forum. On another forum a lawsuit that was going on one of the members actually sent the whole post to the defendant. To be spiteful."

I think lawyers don't like cases published because then everybody can see how they screw up. As for sending a post to the defendant, hmmm, I don't get it.

Why would you NOT want your posts read by the defendant?

I make an effort to get companies and people copies of my postings, especially when I am about to sue them, or a client is about to sue. Seems to me that's common courtesy, or at least it should be.

What's the point of complaining when they don't see the complaint?

Well like I said Christine, I don't KNOW how court cases work. You know the 'whatever you say will be held against you' thing. I don't want to say something that the bureau may try to hold against me. The attorney wanted to go the defamation route b/c it can be kept in state court that way. He said if we won on FCRA violations in federal it would be appealed and kicked to 5th district which is pro-business, anti-consumer. He said they were defaming my character by continuously adding these derogatory accts. that belonged to brother in law. Therefore causing me to be turned down for credit.