Hey Pro's Has anyone tried this and do you think it would work? Go to small claims court filing a suit against all the OC's. The actual suit is the illegal reporting of derogatory credit, not money. Why not money? You're trying to get them to not show up for the case. ( Why send an attorney across the country for a lawsuit that ask for no money?) Once you get a jugdement against those who don't show up, you send copies to the CRAs. What if a few do show up, if you have proof, present it to the judge i.e whatever FCRA law they have broken. What if you don't have proof? You ask the judge for a moment to meet with opposing counsel, and tell them they are in violation of FCRA laws and that if they don't settle for the mere deletion of the trade line, they can see you in state or federal court with your attorney requesting money (some amount equal to what you owe) for their violations. It might help here to site the actual codes and have copies highlighted for them. If they say no, you ask the judge to dismiss the case without prejudice, meaning you can bring this suit again to that court or a higher court. what do you think? any attorneys out there have advice.
you say "most" Which ones don't? or how about starting off with a higher court? Does it even sound feasible?
What about those who do show up or those where you don't have any real proof? Would you then just drop the lawsuit? When we sue in small claims court can we subpoena thier records? If we can thenmaybe we can ask for all kinds of documents until they will just want us out thier hair.
For those who show up, you ask the judge for a moment to meet with the opposing lawyer. Then you tell them "their in conflict of FCRA laws and all (I) want is the derogatory credit removed, but if they don't, (i) will sue them the maximum $1,000 for each violation. This is 1 per credit report times every month they reported it" All you are trying to do is let them realize, they can settle for nothing to them (removed tradelines) or they can go to another court, where they could lose thousands of dollars. A good attorney will agree to remove the lines. If they still say no, you ask the judge "to dismiss without prejudice" but only against that particular creditor. They way you can bring that same case again, possibly when you do have actual proof. (See Lizardking's lawsuit) I don't know if you can subpoena in small claims. that's an idea, as well. humblemarc
Can you get $1000.00 per violation per month? Are you sure about that? I may definately sue if that is the case... I also wonder why you mess around in small claims court. Why not simply retain an attorney and go to Federal court? I was advised by my attorney that Federal court is more efficient for FCRA, FDCPA suits. He said the defendants could do more legal maneuvering to delay in state court. Small claims judges may not have the slightest idea what the FCRA and FDCPA are and may not have the intelligence to interpret it. If you have a real violation, why not go after all the money you can. If enough people make Federal cases (excuse the pun) out if illegal credit reporting then maybe the CRAs and CAs will begin observing the law. Just a thought...
Filing lawsuits "frivolously" can get you into deep do-do. Not a good idea. Unless of course you have proof of actual violations of laws that you can demonstrate in court. Without such proof, I would advise against this strategy. Build your case logically and keep all records...despite how tedious this validation and dispute process is, you can easily get evidence of violations to proove in court. VERY easily. Read up on LizardKing, Marie, LKH and several others (not to leave anyone's expertise out) by searching the board. Also the FAQ has a few helpful lawsuit threads to peruse. -Peace, Dave
UH Marc-that ain't the way court works. You file a lawsuit with specific details of your complaints. The defendants get served and they respond. When they show up, you don't tell the judge "wait a minute". The judge is gonna say let's go. Particularly, if the lawyer has had to travel. Finally, the judge won't automatically grant any motion. The motion has to be based on the facts before them and, the applicable law. Just because you ask doesn't mean wish granted. Don't go to court ill prepared.
I don't know about the violation per month, just using it as something to say as a legal bluff. just like all the attorneys do most of the time. Why small claims court? Because it quicker to get a case, less expensive, and not worth the OC attention, IF the court allows non-monetary judgement. My attorney just told me, some do, but you have to check your local courthouse. I would rather get my report fixed in a few weeks, esp. if there ARE correct accounts on there. Then spend several months setting up a situation like LizardKing's knowing the OC will eventually make a mistake, and then spend another month negotiating/suing them. I would rather have my credit fixed quickly, that sue for 1000's, hire attorney, etc., but i know alot of people would like both the money and improved/deleted tradeline. Also, there are several cases that have already gone to Federal Court, where the OC/CRA has lost, yet not too many things have changed. In fact, they're probably getting worse. Who knows though, one big crusader with a huge settlement could shake up the whole system. I just don't feel like being that crusader. Humblemarc
Unfortunately, I have to disagree with you. The specific claim is that they are errorneously reporting your credit, thereby violating FCRA laws. Secondly, most judges would much rather have the suit settled between the participants, that have to spend time hearing arguments and reviewing case law, which any good judge does. Rarely do they give a decision right on the spot when it involves not well-known cases or laws like the FCRA. Besides if possible, you want to meet with the opposing attorney as soon as you can. In my experience, one can easily recieve a "dismiss without prejudice" before presenting the case. Lastly, them not showing up/responding is the whole premise behind this little game. Only a poorly run company would send their attorney to court to represent a lawsuit, that in practicality, does not affect them whatsoever.
