CRA suit--Update

The defense **seems** to have dragged their feet for the most part. They wouldn't really cooperate with a federal rule, 26(f) that would allow me to open discovery. But, we just completed this very recently on the last minute deadline. Now I am free to start my discovery, mainly interrogatories.

While keeping the same firm, they have switched lawyers within the firm. Probably because the first one is fresh out of law school and he got first crack at us, given his experience and we are in Pro Se. The first lawyer seemed partial to intimidation tactics and subtle mind games and we did not get anywhere. Moreover, I got the impression from him that he was more concerned with squashing the pro se plaintiff than the merits of the case.

I recently sent my settlment offer to the new lawyer, who requested a time extension on the deadline, as the big whig for the CRA will be out of town for some time....or so they say. Maybe the defense lawyers just want to **pad** their pockets some more, it's hard to say.

I **really** don't want to settle, this CRA gets away with too much. BUT, since this is DH's lawsuit, I can't represent him in any proceedings, and DH will not feel comfortable representing himself at a trial.

SO, it is looking like, summary judgment or BUST. If settlement isn't reached shortly, I am filing summary judgment on liability alone, on my strongest FCRA violations in the complaint. I **think I can do this**, ask the judge to determine if the CRA merely violated the FCRA, and leave the determination of willful vs. negligent violation up to a jury. If I win on one of my violations in summary judgment, it's over for the defense. I will hopefully be able to retain a lawyer and let him conduct discovery to establish if the violations were willful vs. negligent, and actual/punitive damages. I believe a ruling in summary judment that the CRA violated the FCRA would guarantee lawyer fees......it doesn't matter if they were negligent or willful.

Any thoughts?

 

DH is in Pro SE status, meaning he is representing himself...or so he claims...Federal law doesn't allow a spouse to represnt another.

 

LOL.....he did nothing.

The problem with filing in Pro Se, is that while you may be very knowledgeable in the FCRA, that isn't enough to represent yourself in federal. You have to be willing to do a lot of research into federal rules that have nothing to do with the FCRA, that you will likely never master and the defendant is much more competent at than you will likely ever be.


I have the advantage of what I believe to be a solid case, they have the advantage that I might screw up somewhere in the handling of the case.

You aren't completely alone as a PRO SE. While the judge will certainly offer no advice, they are likely to explain pertinent rules/procedures that apply to your case and ensure the rules are generally being followed. But the PRO SE has an obligation of making a GOOD FAITH EFFORT in understanding the rules of civil procedure and how they may/may not affect the case.

Rules of Fed. Procedure for civil cases are available on the net.....local rules for the district you file in are available on the net too. Also, the local law library is a great place for research.

As far as if it is a good idea to represent yourself in court, probably not. But FCRA attorney's are few and far to come by, and they **like** class action suits. Also, I think only certain types of people should represent themselves in fed. court....those that believe in their case, are willing to put forth the effort to do the research, and have a fight to death attitude. Otherwise, get a lawyer or file in small claims....nothing wrong with that!

 

Delgato....I would post my complaint, but my paranoia won't let me

Check this thread out: http://consumers.creditnet.com/stra...highlight=quixote fisher lawsuit&pagenumber=3
----->It's basically about a Cnetter (quixote) that filed a lawsuit against a creditor and some creepy loser (g. fisher) actually forwarded the info. over to the creditor....scroll down to the bottom of page 3 and read g. fisher's reply. Scary....

Or....there is always this thread This Board is being Watched http://consumers.creditnet.com/stra...eadid=13591&highlight=f+u+experian+cinderella

Who is to say that too much isn't g.fisher reincarnated??

I love to see fed up cnetter sue the cra's as I believe cra's are often arrogant bullies, and am usually more than willing to help. BUT, sometimes one has to exercise some discretion, especially considering the above posts.

This is a GREAT site to look at for a template for drafting a federal lawsuit: http://forum.creditcourt.com/cgi-bin/discus/discus.pl

Also, you can do searches here under Lizardking, Marie....and a few others I can't remember that posted their complaints but maybe another cnetter recalls.


I hope this helps ya'......

BTW....if I settle my complaint, I will email you a copy of it if you still want a looksy.

 

Delgato,

It costs $150 to file a federal complaint. I paid about $38 to hire a process server to serve their registered agent.....