Discussion in 'Credit Talk' started by SM, Apr 17, 2001.

  1. SM

    SM Guest

    Okay, after my post regarding GMAC I have decided to send them a final letter to either give me proof of the $800 they say I owe or remove it from my files. I told them if they did neither, I would be filing in court - didn't tell them small claims court.

    Now to Lizard and others...what is the likelyhood that GMAC will send a rep to my small town to fight it in court?? I have been dealing with these b*****ds for years and they are so full of themselves it is unreal. I can just see them drumming up some charges and showing up in court. Of course, I assume IF that were to happen I would be right back where I started unless they could tack on more charges.

    I know I sound paranoid, but the last thing I need is more trouble. I feel I have sufficient proof that I paid the loan and have asked them time and time again for proof of this balance, to no avail.

    I am ready to go to court, but don't want to end up fighting a losing battle with this unethical company. If I threaten to sue in 30 days, I have every intention of doing so.
  2. Bill Bauer

    Bill Bauer Guest


    Lawsuits are just about the last thing on earth you want to file on anybody unless you have no other recourse.

    Have you exhausted all other remedies?
    Have you spoken with and filed complaints with the Attorney General at least in your state?
    If not, I'd sure do that, at least talk to them on the phone to see if they can help you. They may or they may not, but you might at least get some insights about what chances you have to win in court. If you have a solid argument, you might very well get the AG to take up the fight for you.
    That would be much better than you filing suit.

    Have you talked to the County attorney in your area about it? See if his office can come to your side.
    If they will, then you know you have a chance to win too.

    Next, if those two can't or won'g help you, then you might very well think about going to court and demanding some relief.

    If you are not experienced in doing these things then I would think about letting an attorney who is experienced in these kinds of cases sue them for you on a fee contingency basis. If they won't take it on a fee contingency basis, then I'd sure not file any lawsuits because if you got a solid case, then you won't have any trouble finding an attorney who will do it fee contingency and all you pay is the court costs and filing fees. The lawyer takes 40 persent maybe and you get the rest.

    If you don't know how to go to court, know the law, have case law and case cites for each and every statement you make before the court, and you go pro se, you are very likely to lose. You become the court jester.

    Never sue anybody unless you have exhausted all your other remedies and have no other way to get relief. Never sue someone else unless you can prove each and every statement you make and cite or be ready to cite cases that are similiar to yours and how the court who heard those cases ruled.

    If you can't do that, you best stay home until you can do that.

    Starting the fight in court and proving your case is much tougher than letting the other guy start the fight and then making him prove his case.

    Courtrooms are not family picnics and the going gets rough.

    Go put your case in front of some qualified lawyers first and see how anxious they are to go to court for you. If they aren't anxious, you should not be either.

    Bill Bauer
  3. SM

    SM Guest

    Re: Lawsuits??

    I have spent two years exhausting ALL efforts! I have filed with the Attorney General's office (no help there) and I have filed complaint's with the FTC (again, no help). I am not sure why these two government agencies claim to be helpful, because they aren't.

    I have written 10 certified letters, to no avail. They ignore me continuously. The only thing GMAC has sent me during the two years is a statement of my account showing all my payments - which only proves that I have paid over and above the original amount of the loan.

    I doubt any little attorney in my town will handle the case. I live in a small town and no that the attorney's here are not well-versed in credit law. Can I try to find an attorney online? Maybe one would be willing to help on a contingency basis.
  4. Bill Bauer

    Bill Bauer Guest

    Yes, you can

    Yes, there are many attorneys on line and some of them seem like they are probably exceptionally good at what they do.

    One way to find them among many ways is to go to Yahoo and search for credit attorneys, or even just attorneys. It may take you a while to find one that appeals to you, but I'm willing to bet that the effort will pay off for you.

    Getting a competent attorney is a very difficult task too, but when you do find one that talks the way you want to hear them talk, you should use them.

    Filing lawsuits on your own isn't fun, and if you make any mistakes, you become the court jester. I threaten to file lawsuits all the time, both Federal and state, but never do it. Threats are usually enough, but when push comes to shove, you better either know exactly what you are doing and be better prepared than the other side, or you had best let someone who knows what they are doing handle it for you.

    If you are not expert in court and the law, and you can't get a good attorney to take your case for you, then you best just figure out something else to do, no matter how lame it might be. Losing in court is a very dirty T-shirt you never want to wear.

    Bill Bauer
  5. Bill Bauer

    Bill Bauer Guest

    One more point

    Even if in the end you think you must go pro se in court, do your homework, take it to a good lawyer and lay it out on the table for him to look and and give you his opinion. Pay him for his time to advise you if you must. Do it on line or off line, don't matter. Take your case to a law school and have a law professor or a 4th year law student look it over and give you their opinion. They will do it for free, just to get the experience.

    Even if you are going to file it yourself and argue it yourself, get professional or near professional help before you actually file the case. That way you are not so likely to come up being the court jester and losing.

    Be safe rather than sorry.

    Make sense?

    Bill Bauer
  6. Marie

    Marie Well-Known Member

    Re: One more point

    Please remember that small claims court doesn't hold to the standards of US District Court or even to State Superior Court. Small claims court is the court of real people.

    I've gone in and argued with logic and no legal quotes and won (not related to credit, but to other stuff).

    I am worried we have just frightened her more. Look, you've done all you can. Get all your notes together, get all your letters together. Write up what happened.

    then ask the court to grant you the 800 they say you owe (but can produce no documents). Make sure you have proof you've always had insurance. Get it all together.

    Write it up even as a normal person. Ask for damages. Actual damages would be the 800.
    Put in the complaint how much time and energy it's taken you. how upset you've been. how it's affected your credit.

    ask for violations under the Fair Billing Act, RegZ, and Fair Credit Reporting Act.

    I'd ask for 1,000 per bureau 3.000 total
    and another 1200 for violating the Fair Billing Act and RegZ (otherwise known as Truth in Lending, I believe).

    Oh, and of course have them clear all your reports.

    Just file it and be done.

    Look at it this way. If you file and they show up with high priced lawyers and you lose, you're still in the same position you are in now but at least you really tried.

    If they show up and you even just win the 800 you're better off. and if they don't show you really win!!!

    When you file they'll probably settle b/c it'd cost them more to show up in court. Ask for the 800 plus 1000 in damages plus all your credit corrected to perfect.

    Worst case scenario is they clear your credit plus all your court costs. Frankly, if they want to settle I'd try to get some money out of them, you deserve it.
  7. Bill Bauer

    Bill Bauer Guest

    Great advice!

    Great advice.
    Nuff said.

    Bill Bauer
  8. judyputy

    judyputy Well-Known Member

    Re: Great advice!

    SO for it SM. Marie is right. SMall claims is for the little people. You have tried to resolve this for too long. Hopefully they will back down with the threat.


Share This Page