Well I lost to a CRA in small claims. It was my fault - in my haste to get to court on time, I grabbed the wrong file that had all my proof. The judge would not hear me out since I had "no proof" to show any violations of the FCRA by the CRA. It was very embarrassing and frustrating since I had been building my paper trail since april of last year (sigh). Can I appeal or start building up my paper trail to sue them again? Any suggestions would be great. BTW, in case anyone was wondering, I have had 2 of the 3 cases heard already. The first, well I already explained above. The 2nd, although I haven't received the verdict (the judge sends it by mail), I'm positively sure I won. I had EVERYTHING this time and took out my frustration from losing the first case on the 2nd CRA. It was the same judge and he remembered me ... although he was a jack-ass and was very biased against me, I had way too much evidence and was able to prove clear violations. Peace, Moe
Moe, they did not attempt to settle before court? Did you ask for money damages? What the heck is going on? I don't know if you can refile... why didn't you just withdraw the case and refile then!
Oh dear, I thought the CRA's never went to court. Is there a local affiliate who had a lawyer in the same town to send to court against you?
They had a local office in the next county that sent a rep. This was my first time suing anyone and I was very nervous. And no, I have yet to be contacted by any of the CRAs. I thought maybe they were trying to call a bluff and see if I wouldn't show up. I had hoped that if I showed up, then the rep would just hand me a credit report that was cleaned or something. But nope, I sat there in the court room, realizing that I didn't have the right file and not knowing what to do. I did not know that I could re-schedule it. But you know what, I am glad that happened. It taught me something about small claims. If you have documented proof and know what you're talking about, you'll probably win. Well as I mentioned earlier, this loss angered me and I spent the following week after the loss preparing myself and making sure I had everything. I already had the paper trail - I just rehearsed and read and re-read the FCRA and anything relating to the FCRA. All I can is this: be prepared to go to court and do battle. Again, no one has yet to contact me. The process server said that all CRAs got the settlement letter along with the court doc. I know they did receive the settlement letter because 2 of them sent me letters that each of the items were verified and will remain on file. One of them sent me a fraud packet - these were the items I listed on the settlement letter to be removed and I would drop the lawsuit... Oh well. So does anyone know if I can appeal or sue again? Moe
Re: Lost in Small Claims...now what Moe, I don't know if you can sue again in the same court, but I'll bet you could sue in Federal court. If your evidence is rock solid and you feel comfortable arguing this pro se, then you could give it a go. However, that's just a guess -- anybody who knows the answer will hopefully post. Here's an idea. Call the court clerk of a Federal court outside your jurisdiction and ask their opinion regarding whether a case can be heard in Federal court if it has been lost in small claims. (I'm saying outside your jurisdiction so that you won't be dealing with the same clerk should you file. Of course, that may be a bit paranoid -- perhaps you should call any of them including the one local to you.) I hate hearing about the wrong file folder! That sounds like something I would do! Actually, that's a mistake anybody could make. I can't imagine what you felt like sitting there knowing you didn't bring the right documentation. Doc
Re: Lost in Small Claims...now what I don't think that you can file again once you have lost. If you could, what is to prevent a party from suing again and again and again. The whole idea is to get your case before a judge and to get an impartial verdict. You blew it. As to an appeal, the appealate court can only rule on errors made by the trial Judge. It is not a new hearing on the merits. You lost because of your mistake, not the Judge's, so there is nothing to appeal.. Anyway, I read recently that only 5% of the cases are reversed on appeal. On a more positive note, keep documenting violations by that CRA and go after them again on the new violations.
Re: Lost in Small Claims...now what I felt like a moron sitting there waiting for my case to be heard. The judge was in a bad mood and was extremely rude to people that didn't have any evidence. I can understand that though - it must get old when people sue others without any proof or merit. My stupidity costed me a case that I could've easily have won. Although I take full responsibility in not having the right documents with me, I did notice that the same judge that heard both my cases so far is very biased: there were two cases where the person did NOT bring any evidence and he took it off calendar and rescheduled the hearing. But he did not do that for me. In fact, he just flat out did not like me and seemed exremely agitated that I was suing for violations of the FCRA. Mind you, I was very presentable: dressed up (dress shirt, tie, etc); I know how to speak clearly and concisely and I was very polite. The 2 cases where the plaintiffs did not bring any evidence and he took them off calendar unfortunately happened during my 2nd case. If I would've known that I could reschedule the hearing, I would've absolutely have done so. Oh here's one more thing about this judge. On my 2nd hearing (which was only a week after the first where I lost) - he remembered me and when we were called up, he tried to tell me that I cannot sue the CRAs separately if there are any of the same items on all 3 reports. He was basically like, why are you suing all 3 CRAs - He was trying to dismiss it before he even heard me. But I retorted and explained that they are 3 COMPLETELY separate and different companies who may in fact have some of the same items on their reports - but that there were also different items being incorrectly reported. He pushed, but I pushed back harder with the FCRA backing me up. Then he told me, well aren't you the one who lost last week to the other CRA because you didn't have any evidence. And I told him yes, I blew the last one, but this time sir, I am more than prepared. So rudely he told me to present my evidence. And of course I did and with the anger from the first trial, I ripped the CRA in half. But isn't that crap that the way I found out I lost the first case was by the judge telling me in front of the other CRA? I knew I lost, but technically I'm not supposed to find out except by mail. Oh well, he can kiss my *ss. I hope he's the same judge for my last case - because like the 2nd case, I am very prepared and very confident!! Moe
Re: Lost in Small Claims...now what Most Judges will give you one continuance if you have a small excuse (it does not have to be a big excuse). But, the second time you ask to have it continued, they are not as lenient.
Re: Lost in Small Claims...now what In Arizona, any small claims court decision, can be appealed to the next court up the ladder. Check your states' rules.
Re: Lost in Small Claims...now what well it certainly won't hurt for me to appeal the decision ... again, the objective is to settle out of court. I'm sure the CRA will not want to have to go to superior court. thanks for the responses. i'll let ya'll know what happens on my 3rd and final hearing. moe
