Anyone have any good links or posts that will help with the specific step-by-step process of filing suit against a CA or CRA? I've done a search on some of the old posts, but it's difficult to get the directions in bits and pieces like that. I know that I could go to the court clerk, and they might be able to help me...but I've also seen a few posts mentioning that the court clerks just weren't familiar with this type of suit and would turn people away. Also, I've seen some posts that show people have difficulty with local judges filing in small claims court. I've seen the section of law that deals with "competent jurisdiction," but how do you prove that your local level court is "competent jurisdiction" to a judge? Thanks in advance!
Future, here's my Dummy's Dummy Primer, for what it's worth, lol: Filing suit against a CA is somewhat different than filing suit against a CRA. The principal law used against a CA is the Fair Debt Collection Practices Act (FDCPA). Secondary laws used against CAs/OCs are the Fair Credit Billing Act (FCBA) and Truth-in-Lending Act (TILA). On the other hand, the principal law used against a CRA is the Fair Credit Reporting Act (FCRA). Of course, both CAs and OCs have certain obligations under the FCRA, so that will apply as well in many cases. It would be a good idea to acquaint yourself with these laws. Most of the time, Creditnet members have used "small claims court" rather than Federal court to file their lawsuits because it's easier to do without a lawyer and much less expensive as well. Lizardking essentially introduced this board to litigation, and Marie taught all of us countless valuable lessons regarding both FCRA and FDCPA. Search this board for their posts. That said, you've got a big homework assignment ahead of you that no simple primer can assuage... Search this board for messages by Lizardking (lawsuits against CRAs), Christi (lawsuits against both CRAs and CAs), tmitchell, LKH, Marie, and I can't remember who else -- there are so many. Investing hours and hours of reading this board will pay tremendous dividends. Next, look over whyspers's great website: http://www.proselitigant.com Finally, become acquainted with Christine's great website: http://www.bayhouse.com I'm sure if I've left out other resources, someone will come to our rescue here. Doc
Ok, saying "read the board" isn't the most helpful thing, so here are a few great links to jumpstart your journey. Lizardking's credit repair lawsuits link: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=66958 Lizardking and Marie discuss the FCRA sections which allow suing an original creditor (1681 s 2 b) and the requirement that a dispute be first initiated through the CRA.: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=181990 tac14033's excellent description of how one journeys toward litigation: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=196894#post196894 kellyscott's experiences suing both CRAs and CAs under the FCRA: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=177474 Mozilla's success suing a student loan guarantor: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=191183 This is plenty to get you started. Next, make the "Search" function your best pal. Doc
You can check to see if your local court house has a search area to search for cases. Or maybe a clerk can help you. Look for cases where the CA is the defendant. Get the case number and have the clerk pull the case for you. Read the case file to get information on what language was used in the filng and what exhibits are needed. Not only look at the ones filed pro se but find ones filed by attorneys too.
