One quick question. I'm trying to file a lawsuite against Citibank S.D. in the small claims court (my state allows up to $5000). They commited 4 FCRA violations (long story many of you already know). I went to the court and wanted to file but was advised that this type of case will be dismissed by judge as tt does not belong in that court. First of all, it is Arkansas, most of the people have no idea what they are talking about, so I do not really trust what they say in that court (as they may not have any idea what FCRA is, actually most of them DON'T!) So, should I just go ahead and file? The summins should be served by the sheriffs office in Sioux Falls, SD as per Citibank's/S.D's law. Anybody? Thank you so much. I'm already so close but so far away. ((
Ok, I haven't tried this yet (hadn't needed to), but had the same question. Another Cneter told me to show them this: § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. He said it worked for him, but it was in TX Small Claims.
Thank you jlynn. Tha may work. Overall, I see people filling law suits against original creditors in small claims court all over US (based on Creditnet experience), why would it get dissmised here? Possible? They say, I can sue for monetary damage: not paid rent, broken mower , etc not for violations. Is it because they have no knowledge about this kind of issues or it may very by state? Thank again jlynn.
Man I hope the Judge assigned to your case knows what the FCRA or FDCPA is or you will have a headache. You might have to establish jurisdiction in your complaint stating this court has jurisdiction over this matter pursuant to <insert the statute here>. Read your court rules, every court is different. It sux too.
I went ahead and filed. The court people (oh my gosh!) had problem that there is no agent of service for Citibank S.D. but you address is to the president. Took me 10 minutes to try to explain to them that this is what Secretary of State in SD told/gave me. Oh boy! I attached the copy of the FCRA about the jurisdiction, etc (section 618?) Now, how long should I wait to send the settlement letter? or should I just wait until they call me?
I'm curious, do any of you small claims experts ever attach the pertinent sections of the FCRA so maybe the Judge will review them before you get to Court?
i did not attach fcra beforehand, but had a copy available at proceedings for the judge, with relevant sections marked. would the judge be offended if you did it the way you are talking about?
Re: Re: Small Claims Court - wrong court? My small claims told me I was suing in the wrong court also. They he asked what fcra and fdcpa meant. I pretty much as politely as I could told him to stick with what he knew and I will stick to what I know. duh
Re: Re: Small Claims Court - wrong court? Anyone? About the settlement? Should I wait until they respond, or should I drop them a settlement letter asking for deletion and $$$? Also, I've been searching the board for a sample of a settlement letter and could not find anything. Would anyone help me? Thank you so much. --------------------------------------------- Also, just wanted to say something: I REALLY WOULD LIKE TO APOLOGIZE. I've started couple of threads and I noticed a lot of anger and frustration towards me. I know it is mostly caused by my inability to perfectly understand english language. I may overread some things, missunderstand, etc. Some people seem to think it is more based on my ignorance, but it REALLY IS NOT! So, please forgive me if I offended anyone and I REALLY APPRECIATE ALL HELP I have received from you guys. Thank you
Re: Re: Small Claims Court - wrong court? It will look better for your case- If you give them one more opportunity to resolve the matter before court.
Re: Re: Small Claims Court - wrong court? Thanks! Meaning? Your answer can mean both. Send letter or wait?
Re: Re: Re: Small Claims Court - wrong court? Oh GAWD, That's scary. I think we're both in Ohio right Pic? Columbus?
Re: Re: Re: Small Claims Court - wrong court? Yep I am in ohio. The courts have already proved they are biased against consumers here on 2 levels. I just hope they are not biased on the one that counts.
Re: Re: Re: Small Claims Court - wrong court? Well, they got served this morning. Now they have 30 days to repond back to my court. Should I wait until they do and the court set up a court date and then send the settlement letter? Or should I just fire up one now? Anyone? Please .. Thanks
Re: Re: Re: Small Claims Court - wrong court? Something strange happened this morning. I went on the routine credit pulling (as I do every morning) and noticed that ... THERE IS NO ASSOC/CITI bank account on my EX report!!! I went to check all the others and nothing has changed there, but I can assure you this account was there yesterday. I have no idea what happened but EX showed this account with 7 lates and it just dissapeared. I do not know if that was caused by "intent to sue letter" which maybe got to somebody just now (i gave them 72 hour notice 3 weeks ago - straight to the executive office) or the law suit they got served this Monday. I do not think they would just EARASE it without written settlement that I drop the case, and I for sure will not do that without it. I drop you reainsert it again huh? I ain't that stupid. What do you guys think has just happened? I'm somewhat happy but - what's going on ?
Re: Re: Re: Small Claims Court - wrong court? Damianlr, That is why in addition to the FCRA statutes listed in your complaint, you always also add any state consumer or credit laws they might have violated as well. That way the judge if he doesn't want to hear you on the federal statutes, he will have to hear you on the state ones! Have you researched your state's laws? Most of those idiot clerks have no idea what's going on anyway and that is also a reason why they aren't alllowed to give legal advice. I am going to make a prediction for you.....Unless you are asking a very large sum of money 2 things will happen with this case based on my experience and I have sued OC's,CRA's and CAs more then 30 times. 1) They will contact you and want to hear your dispute, they will want to settle quickly if they know the evidence is against them. 2) They will be properly served and will not show up or contact you at all. This is good because you will them be issued a default judgement. Make sure you wait through the appeal process in your state before you try and collect though! Good Luck! Tac
Re: Re: Re: Small Claims Court - wrong court? I asked for $5000 for 4 violations of FCRA, defamation of credit, etc. I do not want money (2k would be nice though), but full deletion, so I have asked (but noone replied); should I wait and let them contact me (but still do something before going to court?) or should I sent a settlement letter promising to drop the case for full deletion or what?
I'm wondering, why erasing it only from EX. Maybe they have sent the request to TU and EQ but they might be slow ?? I though they can do it electronically. Wierd.
