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how to report small claims judgement to all three credit bureaus

Discussion in 'Other' started by yogesh, Dec 16, 2016.

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  1. yogesh

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    I had an issue with airbnb host in india and tried to resolve it by writing to executives of airbnb and got no where. I ended up filing small claims case in chelsea ma and got a default judgement against Brian Chesky/Airbnb CEO. I would like to report this default judgement to all three credit bureaus. Please advise how to proceed further. The judgement is for US$300.00
    Thanx
    yogesh
     
    #1
    sas80 likes this.
  2. Kahhss

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    I don't think we can provide any guidance on this.

    A. It involves litigation;
    B. It involves dubious litigation (for instance the serving of Brian Chesky with notice would be exceptionally critical and I doubt that's happened appropriately);
    C. It's not a matter of reporting it to the credit bureaus. It's a matter of putting a lien on someone's personal property.

    Personally I'm not comfortable providing legal advice on this as I'm not willing to be party to the inevitable countersuit if you ever do manage to put a lien on his personal property. We would not be protected by client-attorney privilege and could be considered party to any false representations.

    I suggest you Google on how to enforce a judgement if you are determined to go forth with this and good luck.
     
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  3. kenish

    Staff Member Advocate

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    Is your judgement against AirBnB (the corporation) or Brian Chesky (the individual person)? If it's the corporation, in most cases that's totally separate from any of the company's officers and employees. Also, enforceability of a Small Claims judgement varies from state to state. That's one major purpose of incorporating! But I'm a savvy consumer and not a legal expert; the general facts may or may not apply to your specific situation.
     
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  4. yogesh

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    If you could reread the post i have edited for some clarity also the intial claim was mailed by small claims court directly to defendent. The judgement is also mailed by the court to defendent.
    Yogesh
     
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  5. yogesh

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    Kenish
    Take a look at the edited post it clarifies issues

    Yogesh
     
    #5
  6. yogesh

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    #6
  7. Joe Farrell

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    you're working awfully hard for $300 - and then risking a lawsuit for defamation of character if he is damaged and then comes back and either pays you or wins when he appears to reopen the case timely?

    How is a credit bureau hit in the US going to affect a guy in India? Is it even relevant?
    \
    If you can't answer these questions then perhaps you are premature.

    Was your judgment against AirBnb AND Chesky? If it is, then you can collect from AirBnb -
     
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  8. yogesh

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    Hi joe
    Brian chesky is the ceo and founder of airbnb. I am not doing this for 300 dollars its a matter of principal. He was notified by the small claims court. He failed to appear or respond to the court. Default judgement is because of his own actions not mine.

    Info only transunion here has presence and business in indid. India is a fast growing economy with credit being an important part of economy.
    Your personal attack on me is not reflective of a mature person.
    Maybe you should reread the post.

    Thanx

    Yogesh
     
    #8
  9. Joe Farrell

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    Good luck @yogesh - you try to collect and they'll claim that the small courts lacked subject matter jurisdiction because you agree to an arbitration remember as your sole claim against AirBnb -

    Explain to all of us what Brian Chrsky did to you that gives you a cause of action against him? personally What he did individually? Not as CEO. Because as CEO do you believe that you have a claim against him personally and can ruin his credit?

    I'd would recommend anyone to tred extremely carefully here- principle is what gets people in trouble the most when all they really want is money. You're practicing law here without a license or any real knowledge of what you are doing. . . .

    I would also look at section 27 and 34 of the current user agreement.
     
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  10. yogesh

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    Hi joe
    I live in the courts jurisdiction, i did not agree to arbitration as a federal judge in nyc has clarified that arbitration terms hidden deep in agreement are not enforceable. I cancelled the airbnb after the experience. Brian chesky is the ceo and cofounder of airbnb. I wrote to him as suggested in forum starting with no 3 then no 2 and then brian chesky. As for 300 dollars it does not take me anywhere. My perception is you have liw opinion of people in general.

    Yogesh
     
    #10
  11. Neil

    Neil Moderator
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    Yogesh, Joe is an attorney.
     
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  12. Joe Farrell

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    Ok - you know more than I do . .

    just ask yourself another question:

    What is the jurisdiction of the federal judge in NY?
    What have judges in your jurisdiction said about it?
    Can a NY federal judge tell a Massachusetts small claims referee how to rule?

    Have at it - but I'm done here. . .

    At the end of the day it IS about money because a credit bureau can do nothing to resolve the principle you find important - they're only about money. . .
     
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  13. Joe Farrell

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    It's ok @Neil - I assumed he didn't figure that out - but at least I did not provide any legal advice - I just asked questions.
     
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  14. Neil

    Neil Moderator
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    I am surprised that a judgement can be issued to an individual when a corporation is involved. Isn't that the point of a corporation - it protects the officers from lawsuits?
     
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  15. Joe Farrell

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    when you do not show up - its just default - not sure what a plaintiff would say that would generate liability on the part of the CEO - but if its a typical small claims matter- the default is entered by the clerk in the event of the no-show no appearance.

    Once collection efforts begin, that when legal gets involved. And if I represented a company that had an agreement containing language I know the demands I would make on someone who did this given this agreement -

    In my humble opinion I'm not seeing any individual cause of action against anyone except the renter if there was a problem - and a AirBnb customer has agreed to indemnify the company and management for any losses - this type of litigation can get ugly quickly . . .
     
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  16. Kahhss

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    Which is exactly the reason why I thought we would not be able to assist in the first place. I wouldn't touch this with a ten foot pole.

    Yogesh, no one is insulting you and you have not been subject to personal attacks. Any insinuation that we have done so is incorrect and not just a little insulting to us. We know from experience that your judgment isn't worth the paper it's printed on. Furthermore, trying to enforce it would probably see you end up buried in legal fees and it is quite unlikely you will prevail. Should you want to try to enforce it you will need the advice of an attorney which we cannot provide here. Good luck.
     
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  17. AAGK

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    That's not correct. Serving a major company is the easiest as you don't have to serve the CEO. Every company has a registered agent designated to receive process.
     
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  18. Kahhss

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    You may need to read the thread more closely, especially since the original poster took down his posts and therefore you may be unaware of the facts to which you're responding. He didn't sue the company. He sued the CEO personally. Therefore serving the company is not valid. But I can understand your confusion given that the original poster decided to remove all of his posts from this thread (which should now be locked).
     
    #18
  19. Neil

    Neil Moderator
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    I guess yogesh didn't like that we couldn't help him.
     
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  20. Joe Farrell

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    He could have also heard from a lawyer at AirBnb - and had the fear of God put into them -
     
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