Lbrown per your request here is a brief outline of what I used in small claims court, I first submitted a written declaration to the judge with all the evidence attached and marked the exibits, I also included a copy of the FCRA and FDCPA & highlighted the codes for the judge for easy reference. I stated on the declaration that I would like to submit the following declaration in lieu of my testimony as to not waste the courts time in this matter and hereby declare the following facts under penalty of perjury. ( of couse I testified as well but since I knew the judge would be limited on time and would probably take the matter under submission I included all my facts in the declaration including the history( note judges don't like to see more than 3 pages total I am told) 1) affirmed venue ( proper jurisdiction) stated reasons... 2) time & statute of limitations explained I was within my rights to file suit. reason suit was filed : count one : defendant willfully violated FDCPA 1692 (e) and commited fraud by altering charges on the statement in order to misrepresent the amount & legal status of the debt( evidence shown by submitting the original statement & altered statement) count two: defendant used unfair business practices to collect that fraudelent amount ( FDCPA 1692 f) to decieve plaintiff of the true nature and amount of the debt. count three: defendants willfully violated section 623 1681 s-2 B of the FCRA by furnishing fraudulent info to a CRA (AFTER notice of dispute with the CRA )when they had full knowledge that info was in fact inaccurate , unverifable, and fraudelent.( copy of CR shown) count four: defendant failed to comply with the FCRA 623 (a) 2 by refusing to correct that inaccurate, fraudelent info after being requested to do so in writing.plaintiff has suffered irrepairable damage to his/ her character as a direct result of the defendants willfill actions. count five : defendants violated section 623 (a) 1(b) of the FCRA by failing to include notice of dispute for the acct on the plaintiffs CR.( recent CR shown) count six: defendant willfully violated the FDCPA sectiobn 1692 g 5 b as they failed to show the true amount of the debt, they were consciencially aware the amount was in dispute and continued to pursue the plaintiff for collection. etc etc >>>> then next was my Prayer for relief ** damages under FCRA 616, 617 and FDCPA 1692 k in the amount of $ 3,000 court fees $ 0000 I also cited my state codes as well, there is alot more but to lengthy to type this is just a general outline of what I used. hope this helps others.
