When a credit agency refuses to remove a bankruptcy on a credit that isn't the creditor, and the creditor show proof of this. How much can one sue for? Also can one sue small claims, state, and federal all at once? What legal terms can one sue for? Since Experian headquarter is located in Texas, would it be wise to sue Experian in the state of Texas other than the state he or she lives in? Thank you!!!1
Re: Re: How much can one sue for? Couldnt and havent CRA's just filed motions to have the case heard in Federal Court since it will be federal laws you are accusing them of breaking? Sure it will still be in your home state.. but not small claims.. Perhaps with a CA but with one of the CRA's.. Wouldnt they just keep filing motions in hopes to frustrate you so much you drop the case.. I have heard of this being done.. By CRA's and one or two of the large CA's
Re: Re: How much can one sue for? Yeah, they sure can make a motion for removal of the case from a small claims court or even a state court up to federal. That's when hopefully the plaintiff has read the FCRA and is prepared to file an answer to the motion explaining why the FCRA allows plaintiff's to file in small claims. I think these requests by CRA's and CA's is somewhat frivolous and more of strategy, like you say to frustrate, and probably also to intimidate the plaintiff. If the small claims magistrate/judge can interpret the FCRA, the CRA's and CA's should have their motion for removal to federal denied. But you never know what you will get!
Re: Re: Re: How much can one sue for? It seems like you may be missing the point. Virtually all requests to move these types of cases to Federal Courts ARE granted. Heck 90% of the small claims judges haven't a clue about these types of issues anyway.
Re: Re: Re: Re: How much can one sue for? And that strategy has been notably counterproductive since Federal Judges don't like "wasting their time" hearing small cases that belong in Small Claims Court - that's why the CRA's LOSE such a large percentage of cases they transfer to Federal Courts.
Re: Re: Re: Re: Re: How much can one sue for? NOT AN EXPERT...but I think that all the SMALL CLAIMS RULES HAVE TO BE FOLLOWED
Re: Re: Re: Re: Re: How much can one sue for? ...AND WHEN YOUR PROBABLY ASKING FOR $1,000 (AND REMOVAL) is it LOGICAL for them to spend $3,000-$5,000 to defend it???
Question for everyone? If an credit agency refuses to remove incorrect information off your report, and you where denied credit and low interest rates on various mortgages due to the same incorrect information the credit agency refuses to remove. What legal terms can one site when suing in small claims court?
Question for everyone? If an credit agency refuses to remove incorrect information off your report, and you where denied credit and low interest rates on various mortgages due to the same incorrect information the credit agency refuses to remove. What legal terms can one site when suing in small claims court or federal court?
