Re: details of my lawsuit today - l I'm back, almost a year after my lawsuits last November and I have perfect credit. Actually, I had good credit within 2 months of the court decisions. A few months ago I was able to get a house, and since then, I've leased two cars. Things are good when you have good credit. Follow what LizardKing says, and perfect credit is possible!
Re: details of my lawsuit today - l I'm back, almost a year after my lawsuits last November and I have perfect credit. Actually, I had good credit within 2 months of the court decisions. A few months ago I was able to get a house, and since then, I've leased two cars. Things are good when you have good credit. Follow what LizardKing says, and perfect credit is possible!
Re: details of my lawsuit today - l kelly, I am a newbie and I have been studying on whether to go to small claims, state, or fed if need be. After reading about your adventures in small claims I have established some opinions about small claims vs. federal court Small claims magestrates usually deal with bad checks, car accident disputes, disputes between neighbors, and authorizing search warrants. They are not seasoned with federal law. The magestrate or judge in your case was not seasoned. His ruling for $128 looks like an attempt on his part to skate out of this case because he was not confident in his judgement due to his lack of experience with FCRA/FDCPA law. Being a small claims judge in the leagal world is equivalent to lower-middle management or supeervisor in corporate America. However, becoming a federal district court involves displaying a level of competence higher than that would be required of a small claims judge. For that I reason I belive if you took you case to fed you wouldn't have received the nonsense that this small claims judge gave you "by asking is the debt yours," "I need more time to read the law," and goofing up the statatory award. What do all of you think about small claims vs fed? I say go fed right off the bat. The standard trick of a lawyer who is going to fight this type of case is to file a motion to move to federal court. If you are already in federal court you take the wind out of their sails. It shows that you mean business. Secondly and lastly being served with a federal suit is psychologically more threatining than being served with a small claims complaint.
Re: details of my lawsuit today - l That may be, but most of the folks here really only want deletion. Small claims court doesn't require a lawyer, and the fees to file are low. In most cases, for a few dollars you can file, doing the paperwork yourself, and then offer to drop the suit for deletion. So you're only out a few dollars, and you've accomplished your purpose. Also, most small claims courts don't have the strict procedures that you have in Federal Court.
Re: details of my lawsuit today - l Where I live it costs $10K to retain a lawyer for a Federal case. Small Claims cost me $28.
Re: details of my lawsuit today - l That's what I mean. Most people don't have the money to spend, and probably wouldn't spend it if they did have it. That's why the creditor tries to move it to Federal court, so you'll give up and not spend the money.
Re: Re: details of my lawsuit today - l "IF" they move it to FEDERAL COURT...don't all the rules of SMALL CLAIMS COURT follow the case???
Re: Re: Re: details of my lawsuit today - l I thought they said that YEARS AGO in the JOSEPH WAPNER PEOPLES COURT...W/RUSTY BURRELL
Re: Re: Re: details of my lawsuit today - l Although most people wouldn't recommend it, you don't need a lawyer to go federal. If you have have the drive and dilligence to study the rules of the court you should be ok. From what I have read federal district court judges will take it into consideration that you are acting pro se and they will even take some time to explain procedures. I am thinking about going to my local federal court house and sitting in on some cases to do some "field research" if you will. I am entering my last year of grad school so I have the time waste in the court house this summer. Another thing I am considering is once the violations have racked up is sending some lawyers around here a draft of my complaint and see if they will take it on purely commission basis. I am reasonable confident someone will bite and take the case. If not, I will be prepared to go pro se. --Delgato
Re: Re: Re: details of my lawsuit today - l LKH, I was just reading the entire thread and wanted to correct you a year after the fact - LOL. California law specifically applies the FDCPA provisions to original creditors as well, so she was within her rights to sue for FDCPA-type violations, just under the California Civil Code instead of the FDCPA. Great job Kelly!
Re: Re: Re: Re: details of my lawsuit today - l HDAlex, You have to cut back to page 3, why don't you search out the judge and correct him!!!!!!! When were CA's laws enacted, surely not at the time of this trial -- you know????? hmmm, and I just gotta say, LKH (Papa Smurf) he's high on my list of brilliant posters, I don't expect him though to know the laws specific to all 50 states!!!!!!!! That's just a tad much to expect don't you think?. I'm curious of when those laws were enacted for California, HDA, 'cause even Kelly herself never makes that argument or corrects it and it was the Judge's ruling. Double kudos to you Kelly if you're still following this thread!!!!! Sassy
Kelly, Sorry this is a year+ late, but when you won the judgements, you did not need to negotiate with the OC's to waive your award for deletion. By having won the judgement you can have the CRA's remove the item. And even though Discover dropped the appeal, you could always send the original judgement to the CRA and have them drop the derog TL. Even if you lose the appeal, the CRA should not report the TL again. I.e. the CRA doesn't know there's an appeal pending. But it looks like you're in great shape. What is your FICO now?
re: details of my lawsuit today 3 years later I just found this old post of mine when I sued 11 creditors and beat them all! The info I learned on this site changed my life. Now I literally have millions of dollars in credit. The only thing that somewhat hurts my FICO now is the many inquiries I have, many of which I don't recognize. Still no way to dispute those I suppose.
re: details of my lawsuit today Well hi there Kelly. Actually a lot has been accomplished since you've been here. If people are accessing your CR without permission it's a 1000 bux each. Look for "permissible purpose".
