I would like to sue a few CRAs, CA's etc but I do not want to have to show damages ie apply for this, that and the other just to prove that they stopped me from getting something. I figure that a judge can tell that I am not your average consumer when it comes to credit laws, collections etc. So why would I go and apply for cards, loans, mortgages KNOWING that I have a high probability of getting denied? I would rather sue for sheer deletion, correction or modification of a tradeline instead of money. Is it possible?
Love, It depends on what the law in your state will allow. In many states, small claims court judges can only issue money awards. That's why you see many sue for a dollar amount and then, settle out of court for deletion.
Yes, That is true, I think any small claims will only issue money as a judgement if you win. In my state of PA the judge can only make them pay, they cannot make them delete or return property or anything else like that. It isn't Judge Judy or Joe Brown, that is dramatic overrealistic TV although some of the basis for claiming damages and bringing a successful action against someone can be learned by watching these programs. If you want to sue for deletion you would have to do so in your states higher courts, like in my state, Court of Common Pleas and Federal Court. In these courts all of the "Real" rules apply. The full spectrum of civil procedure will be applied and adhered to which mean depositions on both sides and probably a full jury trial. The higher courts are much more intrested in applying the law and only looking at the violations in question and what damages they have caused you. In other words they aren't as intrested in the debt and why you didn't pay as opposed to why did the defendant not stick to abiding by the laws. The latter is much more costly and for the inexperienced will require an attorney but if you know what you are doing you could probably get by without one. I have found that most OC's, CRA's or CA's will delete anyway if they lose or want to settle with you. I have said to a few unless the tradeline is deleted I will continue to dispute and for every other violation I will sue and bring you right back into court for more money. If they lose or know they are going to lose why would the risk being sued over and over?? Just because you file suit on one matter does not excuse them from violating the laws again and being sued again and again, see where I'm coming from?? Why risk it?? Good Luck! Tac
