HOW do I word my lawsuit?

BUMP

I hope someone answers you soon!

The last thing you need right now is extra stress!

 

This link is to a lawsuit I wrote up against gulf state. It should give you a general idea of the format and layout.


http://consumers.creditnet.com/stra...717&highlight=my+10+minute+lawsuit#post140717

 

Are you suing in small claims, District, our Federal court?

If you are filing in small claims you can just get a complaint form from your local courthouse, if you are filing in District or Federal court you should call them and have them send you a Pro se hand book.

This will give you alot of info on the format and requirements for the complaint.

There are alot of good posts here under lawsuit that will give you some ideas on how to word your complaint, just type in Lawsuit under search and you should find enough info to get you started.

If you file in District or Federal court you should get a copy of the "Rules of Civil Procedure" for the court you are filing in.

 

One question I have wondered about, and it may depend on the State but maybe some of you that have gone the Court route can answer.

If you file in Small Claims and lose, since no Attorney's are allowed the losing party would not pay the winning parties legal fee's, correct? On the other hand, if you were to file in State or Federal and lose you may also have to pay the other sides legal fee's, correct?

So if the above is true, would you not want to always file in Small Claims so that if the CA or CRA make a motion to move to State or Federal they would not then be able to ask for legal fee's if they win? Wouldn't you be able to argue they chose the different venue so they are not entitled to the fee's?

I may be completely wrong on this, but it is something to think about on where to file.

 

Well since I've only been to small claims, I'd say that if you got your evidence, then go small claims. Remember, the whole point is to have them settle out of court (even though this hasn't worked for me). Also, you run the risk in the higher courts that they may and probably will have real strong attorneys if you go to court. The costs are higher and the stakes are higher. At least in small claims the whole point is to simply and less formally have your case heard and decided upon quickly. Even though my judge was a booty-hole, (you'll have to read my other posts), if you provide the evidence and proof, he will favor you. And trust me, although the first case I lost simply out of my own negligence, neither of the CRAs had any PROOF to validate what they report except phone calls. I had a nice paper trail to prove that they were in clear violation of the FCRA and it sounds like so do you. I remember the first CRA hearing where I lost, the rep tried to discredit me and say that I was inconsistent in my disputes. That doesn't matter - the FCRA is clear on violations on inaccurate, incomplete or unverifiable reporting of your credit - it doesn't matter if you're a jerk, a liar or if even the items are truly yours. If it's incorrectly reported and they can't validate it, but you can prove that's it is in fact wrong, the judge has no choice but to go in your favor. That's what happened in my 2nd case. HELL YEAH!

Moe

 

MartysGirl:

Haha, that's cute:

"I still think you are the women for kicking ass w/the other two!"

Thanks for the compliment & by the way, I'm a guy ;-) A pretty good looking one too if I might add...

You're cool people MartysGirl.

Moe

 

Haha ... no worries. After all, we "women" must stick together ;-) Aright I couldn't resist.

But seriously I hope all goes well in your case, sounds like you're ready to kick some booty!!

Moe