Has anyone out there ever filed suit against a CRA in Texas Small Claims? I filed against Equifax and Experian in Travis County, Justice of the Peace Precinct 5. My Equifax hearing was yesterday; I walk in and the JP says he doesn't have jurisdiction to hear the case because Texas JP courts are forbidden from handling defamation of character cases. I thought this was about the most random thing I'd ever heard, and cited the FCRA section allowing for prosecution in "any competent jurisdiction," and said I failed to see how an FCRA case can be classified under defamation of character. The JP said if I didn't agree I could appeal and kick the case up to the next level, county court, and dismissed the case right then and there. My Experian hearing is next week, so I'm looking for some examples from people who may have encountered this before in TX. Thanks, orakle
yeah, i have not heard of anyone filing small claims in TX. Defamation is considered the most costly tort to prosecute. I would first plead emotional distress, actual damages under the FCRA, prior to defamation. You may wanna look at 1681t and 1681h(e). I don't know that either one is applicable to your case, but those are two sectons that speak to defamation and state law.
