So far, three letters to the CA and no reply. The last one was the intent to sue and I'm ready to go to file. I'm not trying to be a deadbeat, in fact I have the money all ready to pay them. If they would just send me some information about the account, we might be able to work out an agreement, but I guess I'm not worth their time to talk to. Oh, well. So, I am wondering about the pros/cons of the various courts: Small-Claims: short & sweet and only $24 to file but hard to find information on previous cases. $4,000 max claim. No lawyers allowed in court. Superior Court: $250 to file, different (i.e. more formal) rules. Access to court documents problematic (i.e. I have to go to the court) U.S. District Court: $350 to file, different rules, but easy to search online for similar cases. Does the fact that lawyers aren't allowed in the small claims court mean that I can't sue a corporation (or L.P.) as an entity or should I just file against the partners as individuals? So, which one do the experts and law-suit veterans recommend? Thanks!
You may want to try small claims court, I don't know the damages amount you were looking for, but $4,000.00 sounds reasonable. You gain the advantage of no attorneys, most likely they will "not show and default". The problem then becomes one of collecting the money.
Thats easy, send them a 1.00 check and see where they cash it at. Then get a garnishment order for the judgment.
:-D What can I say...I'm gifted Actually, I'd hope that it would be common sense. It could be difficult to collect the judgment against a corporation or the like without a bank account. Most agencies will have 2-3 accounts at the same bank. Payroll, debtor checks, misc. account.
I was searching through the archives of this site and it seems like there have been mixed results in Small Claims court. I found more than one case where the Small Claims judge did not understand the FDCPA and was more concerned with who owed who and how much. In other cases, the attorney for the defendant just moved to have the trial in superior or U.S. District court. I'll have to see if I can find some precidents ...
What is your objective in taking them to court? The actual validation of the debts? Removal of the TLs? Money? You need to clarify exactly what you are trying to gain here. If you take this to small claims, you must be prepared to "educate" the judge. You must stress that it is NOT your credit report, or debts on trial, it is the actions (or lack of) of the CA. Remember, the higher the court you take this to, the harder the battle. You could lose based upon some technicality in your filings. A higher court also opens more options for the CA to stall the proceedings. Again, it depends upon what you are tring to accomplish here, going to court is always a gamble. If you are serious about legal action, then I highly recommend consultation with an attorney. You are going into battle, you need to ensure the best "war chest" you can put together. Small claims offers the best playing field for an individual, if the CA defaults (by not showing), then you can always use that judgement as a precedent in a higher court. (Judges love a precedent set by a lower court).
Excellent point: Stay focused. It's easy to get unfocused by all the "what ifs." I'm going to make sure my complaint has the tone that I have been trying to resolve this matter as quickly as possible but I've been unable to do so because of the CAs actions or inactions. Because of this, I have not been able to determine if this debt is my responsibility, in which case I would make the payment arrangements or, if not, in which case the OC could go about finding who is responsible. (which is, in fact, what I've been trying to do) This should sound better than taking on the "They broke the law and now they need to pay" tone. If if true, that makes me look much more hostile and beligerent which, I would imagine, would not be in my best interest.
