I understand you have a couple lawsuits filed or served against companies, so maybe you have some helpful info for me. I am wanting to file suit against two companies that are showing incorrect info and have refused to remove them and they will not supply me with statements backing their claims (dates due, dates paid, or even anything showing that this account belongs to me). I have requested this specific info from them twice and they have only sent a letter stating, "we believe we are reporting the info correctly..." I'm in California, but I'm sure the process is basically the same anywhere. But, what do I need to file at the courthouse to file suit against these two companies? Do I need to get a lawyer first? Any info at all would be helpful and most appreciated. I've been dealing with these idiots for 5 months and it's time to get a suit in motion. Thanks in advance.
Money. Basically, all it takes to file suit in small claims court is the filing fee. You also need all the defendant information (company names, address info etc) correctly spelled and naming the correct responsible individual(s) to be served the suit. Make sure you have all your ducks in a row evidence wise (CRRR receipts, inadequate validations, requests for collection during validation etc...) Then just go down to the clerk of courts in your state courthouse small claims court and file the suit. Once you file, you are responsible for service, although some courts offer assistance hooking you up with a process server, or charge you an extra fee to serve, but I had to do it myself for DC. Proper service is important. DC court had nice information about what to write where (making it real easy if you get my drift), and what the next steps are. You do not need a lawyer for small claims court. You do need a lawyer for larger civil suits beyond small claims court. Good Luck. -Peace, Dave
Everything Dave said is correct. The only thing I might add is if you want to try sending an intent to sue letter to them. If you do, give them 7 days to respond, then sue them. Then you can show the judge you made every reasonable effort to avoid this, but they continued to violate federal law and your legal rights, giving you no choice.
Thanks Dave and LKH for the replies. Much appreciated. I actually already did send the Intent to Sue letters, in which I got no response for those either, so it's court time from here. I'll let everyone know the outcome and any tips (good and bad) from the whole process.
