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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34530
Experience:  16+ yrs. of legal experience.
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I am suing 2 credit bureau's for violating the FCRA in NJ in

Customer Question

I am suing 2 credit bureau's for violating the FCRA in NJ in small claims court and 1 in special civil part (they used to be in small claims yet I dismissed that case after I sat with a mediator and learned everything they planned to explain in court).If I understand NJ law correctly, lets say Susan represents them (does not matter if employee or attorney). If they are alone, anything they "swear" the company did is something I can object to as hearsay.For example if Susan says the company investigated a disputed item I can ask what person did the investigation, what day, how did they do it? I know they will say "The company verified the public information using the pacer system or the company verified it by going to the courthouse and getting a record (and they produce the copy or document), SINCE THE PERSON THAT DID NOT DO THE WORK IS NOT THERE ALL THEY STATE IS HEARSAY AND IS INADMISSABLE.Or if they say we verified this with the creditor...since they have no idea what employee did the work (even a men or woman), or they say how the work was done is a "company secret", then all their "work" is not admissible.Do I understand this correctly?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

There are several "exceptions" to the hearsay rule...and one is "records of regularly conducted activity" often referred to as the business records exception. What you are describing would likely be admissible as a business records exception.

And, perhaps more important, in small claims the formal rules of evidence do not apply (so they can admit hearsay in small claims)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
IN Morris county NJ small claims hearsay is solid. As a CPA I've sat with clients and seen dozens of affidavit's from mechanics thrown out as hearsay because the expert is not there.The link below is from an article:How to Request Method of Verification for Verified Disputes says :Short Version of Requesting the Method of Verification
Request the credit reporting agencies send you the following:
(a) The name of the creditor;
(b) The person’s name they verified the dispute with;
(c) The address;
(d) The telephone number; and
(e) The documentation used to verify the dispute.FCRA says : 611 c6biii
a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably availableHow can they say they used a "computer screen" if they fail to explain it? didn't they break the FCRA?FCRA611a2a....they never do this. Can't I ask for a copy ?proof of the letter?last question: If I mailed them March, April, May then sent them a certified letter in June, how can they say "we never received the march, April, may, letters. The first letter we received was June.YET, they say the mailed me despite my never receiving anything from them!!! Why is the statement "they mailed me" believed in court, yet my statement that I mailed march,april,may is not believed?
Customer: replied 9 months ago.
I will rate you well so you get

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