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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11703
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I moved from GA to IL in Dec 2009, escaping a addicted husband,

Resolved Question:

I moved from GA to IL in Dec 2009, escaping a addicted husband, whom I naively married in 2003, by moving in with ex-husband. Recently applied for work at home position and found that a 'Commercial Business Fraud Shield' is filed in Marietta GA. I have never had a business before. And I believe that this has something to do with my, then, husband as retaliation for stealing from a restaurant he managed in 2006. I was just a server. When I was fired behind this, the GA DOL found that I had been wrongly fired after speaking with the company rep. What can I do to fix this? Before leaving GA, I was hit by a car and have been unable to work since that time due to injuries, severe depression and anxiety episodes. I have been repeatedly denied SSID and I need an income. My first ex-husband recently had a stroke and open heart surgery and is recuperating on less than 40% of his income and, unfortunately, new home repairs along with the medical bills flooding in.
Submitted: 10 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 10 months ago.

Hi, my name is XXXXX XXXXX I will do my best to help in any way that I can

 

1. With whom is the 'Commercial Business Fraud Shield' filed ?

 

2. Who filed this ?

 

3. Who told you that a 'Commercial Business Fraud Shield' was filed against you ?

 

 

Thank you,

 

 

 

Customer: replied 10 months ago.

I received a copy of my background check with an employment rejection letter from LiveOps. The report is from Experian It says: "Fraud shield summary"


File: Commercial Business Address: Marietta Police Athletic xxx Franklin Rd SE Marietta GA 30067(an old address) XXX-XXX-XXXX End--Experian Social Search There is also an address to be disputed on this report.

Expert:  Andrea, Esq. replied 10 months ago.

Thank you for your reply,

 

Experian has the strangest practices I have ever seen in a credit bureau and it issues the lowest credit score or all the credit bureaus.

 

1. The object is to have this removed from the public record and the first step is to dispute this entry with Experian by letter. Tell Experian in the first line of your letter that you are disputing that entry. Then inform them that you have never been involved in any fraud, have never been convicted, or even arrested for fraud, you never owned a business (And, include anything else related to this entry which Experian has). Also include in your dispute letter a request for all information furnished to them by the filing party. Experian will get in touch with the filing party which appears to be the Marietta Police Department and they will have 30 days to confirm the validity of their information by furnishing Experian with documentary evidence.

 

2. If the Marietta Police Department does not respond within the required 30 days, then Experian must remove it from your credit report and from their files and send you written confirmation that they have done so;

 

3. If Experian gives you any information on this entry, then your next step will be to contact the Marietta Police Department, advising them that their information is incorrect and they must remove the information from your name and send you proof to confirm that they have done so.

 

4. If they do not cooperate, and do not send you proof that they removed the erroneous information from your name, your next step would have to be to sue them for libel, slander, defamation of character, an injunction, enjoining them from distributing this information to anyone else, and damages.

 

In any action for slander (verbal false statements), libel (written false statements) and defamation of character, you as the Plaintiff, must prove all of the following elements,

 

1. Defendant made false and defamatory statements about you,

2. Defendant made the false and defamatory statements knowing that they were false, or made in reckless disregard of the truth,

3. Defendant "published" these defamatory statements - "Published" means to convey this information to a third person

4. The fourth element is you suffered damages to your name and reputation in the community. When the defamatory statements accuse the Plaintiff of committing a crime, the statements are slander Per Se" and "Libel Per Se", and you do not have to prove damages because it is a given that when one is accused of a crime, they will suffer damages and, therefore, no proof is of damages is required.

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11703
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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