Hi everyone, For those of you who have gone to court and had to prove actual damages how have you done so?? Can you keep a log of all the work and hours you did on your case disputing this with the CA and CRAs and multiply it by your hourly wage at your regular job?? Can you show the amount in extra intrest you are now paying on current auto loans or other lines of credit versus what the fair intrest amount is would be if this were not on your credit report?? How can you show $$$ damages for things like credit denial letters and a drop in FICO score due to this negative reporting?? Here is what I have compiled so far.... I have written down all the time I have spent including research, compiling and sending letters to the defendant. I've only charged what I get now hourly at my regular job. I have broken down each time by date's and time spent working on this case to be accurate and fair. I have calculated what auto loans I am paying now in intrest from the time the CA reported this on my credit report up until now and have calculated how much more in intrest I have actually paid versus a normal intrest rate at my bank. Just that alone is a staggering at $1800.00 for one auto loan. Is this acceptable at proving damages?? I know I'm not an attorney and can't get paid attorney's fees but what about my time spent working on this?? Doesn't that count?? I don't want to be asked what my damages are and not have a way of proving them. Does anyone have any ideas on what does work or has worked for those of you who've gone to court. My last court outing was successful but I couldn't prove any damages. I wasn't prepared. The judge issued a nominal measly $150.00!! He said I would need to prove my damages. I didn't bring up the FICO score thing, credit denials, other intrest paid on current accounts, etc.... I think this would have helped. I didn't bother to ask him. As I have progressed on this board I am much more knowledgeable now thanks to everyone here. I know this time around will be good. What are your ideas, Anyone?? Thanks! Tac
For what it's worth, I used to watch some of the legal shows, People's Court, Judge Judy, etc. and frequently as part of their damages, the plaintiffs would try to claim lost wages for the time spent in preparing the case and coming to court. Those damages were ALWAYS rejected as simply the costs associated with asserting one's legal rights. Filing fees and any direct court costs were often accepted as being actual damages. I don't know if the same principle applies here, but I wouldn't be surprised if it did. The additional interest being paid on a loan because you couldn't get a more favorable rate would definitely be actual damages. I'm dealing with the same issue in a suit I'm filing. I'm not an expert by any means, but maybe someone who is will respond because yours is an important topic. All the best! DemPooches
Tac, the first one won't fly. You can't claim damages from the time you spend working on trying to correct your credit reports, unfortunately. You can claim damages for higher interest rates paid. I know a lot of people (myself included), use denial of credit as damages. I don't know how that plays in court, but I'll let you know if mine gets that far. L
i used denial of credit for damages. i had copies of denial letters for judge and some info from fair issaac regarding credit scoring.
I understand one isn't going to be paid for fixing one's credit report but....If your working on a case where a CA, CRA or OC is violationg the law and you have to end up filing suit, can't you be reimbursed for the time spent making them comply with the laws? If I'd have paid a lawyer to do the exact same thing I'm doing they would get paid correct?? As far as credit denial letters, I only have one so far. It would kill me to apply for credit and get more inquirires on my reports as it is. Plus the denial letter I have now only states.... History of delinquent accounts. Would this apply soley to the collection agency I'm suing? I can pretty much apply the extra intrest part and prove that as damages but how can I explain to the judge that this collection is hurting my FICO score, in other words prove it to him. Thanks for the help so far, it is appreciated! Tac
really, check the fair isaac site on credit scoring. since they are the ' experts" the stuff can be pretty compelling. you want to concentrate on scoring. that whatevet this negative item is, has contributed to your lower credit score. do you have friend that is a insurance or mortage broker who would look at your scores and write a letter for you stating how the info is hurting you?
