I am about to file small claims cases against Providian and Bank of New York. If I lose, can I be sued for their lawyers expenses?? I live in S.F. and both cases will be heard here. Basically, can they do anything to me?? I don't owe them any money, these suits are based on violations of FCRA. Just wanted to check before I actually go and file the paperwork. Thanks
You said small claims....attorneys are not aloud to represent either party in small claims courts in California. this does not mean that an attorney won't help them prepare their case. If you have the violations well documented, you should be OK though. I just want to verify that the FCRA does apply to creditors reporting to the CRA's as well as the CA's, correct....anyone?
FCRA applies to all "furnishers of information." That includes CA, and original creditors. FDCPA, on the other hand, only applies to "third party" collectors such as CAs and attorneys engaged in debt collection; but not to original creditors. Greg
