I went to my local county courthouse to find out how to file a small claims against a CA. They told me that for WA, out-of-state small claims have to be filed in the jurisdiction of the defendant. What a load of crock, that means I'll have to travel all the way from WA to GA when court date comes. Moreover, I have never lived in GA and what the CA did, directly affected me in WA. The CA is on several violations of the Is there any FTC letter/some other proof that verifies that I can file in my county?
forgot to mention the situation. CA is in violation of the FDCPA and FCRA. I settled with NCA in 02/2002. Received all proper documentation (fax/cashier's check stub/settlement letter). NCA re-reports to Equifax in 03/2002 with status: Collection. The amount? original reported minus what I paid. Interesting, isn't it? I have an official fax from them saying that the account is paid in full with my settlement. I financed a car in 04/2002, received horrible rates, report was pulled from Equifax only. I found this particular problem 2 days ago.
I used the following explanations for my small claims lawsuit... The filed claim is a result of violations contained within the Fair Credit Reporting Act (U.S. Code). Therefore, citing Section 618, this venue is the appropriate jurisdiction. A copy of Section 618 is stated below: Fair Credit Reporting Act â?? Section 618 § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
