Hearing today

Discussion in 'Credit Talk' started by cinderella, Aug 4, 2003.

  1. cinderella

    cinderella Well-Known Member

    Just a head's on up what one might expect if filing in pro se in federal court.

    Had the first hearing today against CRA. It went well and it went very bad.

    DH was **very nervous**, he looked like a deer caught in the headlights. Poor DH:((

    Judge called about three different parties to discuss cases and set dates (pre-trial--close of discovery--tentative trial date.) Thank goodness we were last.

    He also went over some rules and his policies to all the parties, primarily trial length and encouragement of settlement.

    Anyways, on the upside, the judge was nice, he seemed to understand DH was nervous. DH explained he intended on filing a motion for summary judgment, and the judge gave a synopsis of summary judment, but ultimately explaining it was dh's responsibility to know the ramifications.

    Judge asked some general questions that pertained to damages, and DH went on to explain the credit card denials and home loan apps. Based on dh's answers, the judge indicated we had a case.

    Defendant was asked why he would be filing for summary judgment, lawyer for CRA couldn't really come up with a solid reason, he seemed to just sit there for a few moments thinking of one....so that's good.

    Anyways.....glad this part is over with!

    GEORGE Well-Known Member


    He does not really have to answer ALL questions or make a speech...DOES HE???
  3. thetravele

    thetravele Well-Known Member

    Where are you getting your info on court procedures??

    Is there a website I can look at for help?

    Good luck, take them down.
  4. delgato

    delgato Well-Known Member


    I'll second what travler said. Any sources of information that explain procedures and motions would be a great source of information for those of us exploring the possibility of a federal complaint. I know they are explained in the rules of civil procedure for fed district court but any supplemental guides that help decipher the formal rules would be great stuff.

    Traveler: I am currently preparing a federal complaint. I am also preparing myself to go to federal court pro se if I have to. If you are currently pursing the stuff I am we should exchange email addrs so we can talk. delgato03@yahoo.com
  5. cinderella

    cinderella Well-Known Member

    We are not co-plaintiff's. This only directly affected dh's credit report. BUT* I do make for an excellent witness and can also testify in regards to actual damages.

    Definetely no speeches at this point...just some general questions from the judge, that he seemed to ask every party, although questions varied:

    1) What are your damages? (our question)
    2) How much do you estimate actual damages to be?
    3) What is the basis of your claim?
    4) What would you file summary judgment on? (our question)
    5) What do you have to substantiate you claim?

    I suppose you wouldn't have to answer the Q's, this is an INFORMAL hearing, DH tried that, but the judge wouldn't budge and wanted an answer.

    NEVER DID THE FCRA come up at hearing....NEVER!

    Mostly, the judge focused on matters of procedures like:
    scheduling dates for trial....close of discovery....final pre-trial conference (all scheduled for next YEAR), importance of settlment and his requirements.....
  6. cinderella

    cinderella Well-Known Member

    I have been using this site a lot to look up rules of Federal procedure

    I also go to the website of the district I filed in to check out THEIR local rules. This site has links to all the federal districts: http://www.law.emory.edu/FEDCTS/

    I modeled my complaint on one over at credit court.....I think the it was the Eleanor Chase vs. TU, it was the easiest one for me to understand:)
  7. delgato

    delgato Well-Known Member


    If you wouldn't mind me picking your brain for a minute...

    1) What are your damages? (our question)
    Didn't the judge read the complaint?

    2) How much do you estimate actual damages to be?
    How does this differ from #1?

    3) What is the basis of your claim?
    Again didn't the judge read your complaint?

    5) What do you have to substantiate you claim?
    Are copies of the letters you and your DH sent along with green cards sufficient?

  8. cinderella

    cinderella Well-Known Member


    The judge asked us Q's #1 and #4, the other Q's were asked on the other parties at the hearing. These parties were unrelated to our case and involved civil suits unrelated to ours. A judge will often have several parties present at a hearing, each waiting for their "time" to be called.

    #1....Yes I believe judge read the complaint, I don't really know why he asked this.....he seemed satisfied with our answer (cc denial and home loan app, but our complaint also listed emotional damages)
    #2 Even though he didn't ask us this at the hearing, He wanted a specific $ amount from the other party, I answered this in my complaint as an amount to be determined at trial.

    Dh just kind of froze at one point during the hearing, he actually turned around and looked at ME-10 feet away for an answer! I whispered something to him and he answered.

    DH did explain to the judge he intended on filing summary judgment, and if he won only LIABILITY on any of the 10 alleged violations, we would get a lawyer. I **think** that is really our only choice, there is no way dh can represent himself at trial.

    If we win on any issue on summary judgment, then the **Evil One** is toast.
  9. delgato

    delgato Well-Known Member

    So a summary judgement is basically asking the judge to rule now because you believe that there is no disputing of the claims and evidence? Is that the gist of it?

    What if the judge denies the summary judgement? Are you still entilited to a trial? Have you forgone any of your rights?
  10. cinderella

    cinderella Well-Known Member


    That seems about right. Basically you are saying that there in no disagreement among the parties to material facts and given the known facts, as a matter of law you are entitled to judgment. I **think** I can get the material facts through my intial discovery period----interrogatories.

    In my case, I am going to try to make summary judgment as SIMPLE as possible. Basically, asking the judge to make a decision on ONLY if the CRA violated the FCRA by **refusing to consider evidence (CA letters to delete)** refusing to investigate (both accounts and inquiries)**failing to respond to a description of the procedures** and on hiding an account**. I am hoping I can request in my summary judgment that the judge merely determine a violation of the FCRA occured, and leave the decision of Willful vs. negligent violations and actual/punitive damages up to the jury.

    As far as the rest about a summary judgment, I don't really know, I am just kind of **winging it** for the moment. The judge can deny a motion for summary judgment, but that **may** not mean you forego your right to trial. Maybe the evidence isn't convincing enough and it is better left to a jury/trial judge. Defendants often file motions for summary judgment to squash a claim, now if the defendants win a motion on summary judgment they filed, **that is not good**, that could end the case for you. But just because a plaintiff files a summary judgment and loses, does not necessarily mean they lost the case.

    And please keep in mind -----> I am not a lawyer!
  11. ms6073

    ms6073 Well-Known Member

    Re: Re: Hearing today

    Now you may be referring to a local, small claims or civil court, but in what could be termed a district/superior/state, or federal courts. I think you might be mis-reading he rules of civil procedure. In the case of a judge granting a petitioners request for summary judgement in the aforementioned courts, only the judge decides penalties/remedies/relief - not a jury!


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