I sent an intent to sue letter to these people. They have until today to respond. They have not responded via email or phone yet. I will not call them. I am going to file suit on them tomorrow or Friday. I've never done this before. I have the paperwork completed and ready to file. I composed a very short complaint and I was planning on doing alonger one and attaching it. All small claims suits go through mediation before a trial. Should I attach all of my supporting evidence with the suit or should I wait until the mediation hearing? Should I include copies of my credit report too or just the results of the disputes where it shows it was verified? I was also going to send a settlement letter with the sherriff when they are served. Do they also get all of the documents I attach with my complaint? Or do they only get the complaint that I filled out to file? I'm really fed-up with these people and I have tried for 4 months to get them to validate. I've sent complaints everywhere. The only complaint I haven't filed is with the state of MI atty. gen. They said in a letter to the BBB that they would remove it they didn't get anything back from the OC and they acknowledged they received my first letter in December. Well it's been over 30 days now and they haven't removed yet and still keep verifying.
Enclose ALL supporting documents in a neat three ring binder with tabs and an index page. The comlaint should be up front and anything they need to make a decision should be part of the packet in back. There should be LOTS of references to your backup material in your complaint. Include the relevant sections of the FCRA and FDCPA, Case law, statutes, and FTC opinion letters, etc. Have an airtight case with copies of all letters, CRRR, phone records, faxes, etc. Highlight relevant sections and be prepared to discuss unemotionally how you personally have been damaged and that you tried everything short of begging to resolve this outside of the courts. Have a spare copy for yourself in case the Judge asks you a question. Don't let them get into : "Is this your debt, you deadbeat?" Focus the debate on how they, as a major corporation are violating legal procedures and thus your rights! These are Procedures and Rights they should be aware of without you having to brief them on them. Bring up the point that Congress was forced to enact consumer protection laws because of predatory and illegal practices which they continue to perform. Be organized and put THEM on trial! Dancer
Thanks, Dancer Have you sued a ca and what was the outcome? Did you file the complaint and give in the binder at the same time? Or did you forward it at a later date? Did you have a judge assigned and then you sent the binder?
Actually, I was relaying my experiences in suing a car dealer for lemon law violations. Small claims actions are pretty much similar everywhere. Just be prepared and don't get surprised. Dancer
I would never, ever include my proof with the initial lawsuit. That's what discovery is for. By giving them all of your proof up front, you are giving them everything you base your case on and are also giving them extra time to counter your claims. In my opinion, including everything with the initial lawsuit would be a huge mistake.
OK, I'm awake now, I just noticed the fact that all your SCC cases go through mediation? That's weird! By all means, have your information prepared as I suggested earlier and hand it to the judge at the hearing. But don't,as LKH suggested (and thanks LKH, for catching my error, BTW) telegraph your punches by providing them all the information in advance. Be ready to discuss the case with the judge but if you have to give them an advance copy because you have to show it to the mediator, only provide enough proof to convince the mediator that you do indeed need to go to court. That way you won't give the CA all the information up front. Dancer
