Small Claims Question

Discussion in 'Credit Talk' started by delgato, Jul 27, 2003.

  1. delgato

    delgato Well-Known Member

    I have a few questions about filing in small claims court:

    * What if the CA is out of state? Do I have to go federal?

    * The form for small claims is tiny. Does PA allow ammendments to the form?

    * Is small claims court the correct court for pursuing federal FDCPA/FCRA violations?

    * Does PA law allowed for punitive damages under FDCPA 813 and FCRA 616 and 617?

    *Can a small claims district magestrate order a TL to be removed if I can prove that they must under FDCPA and FCRA laws?
     
  2. Flyingifr

    Flyingifr Well-Known Member

    1: Most states have a "long arm" statute similar to the one here in Arizona. Basical,ly it assigns jurisdiction to the Plaintiff's County if all defendants are out-of-state. No need to go Federal.

    2: Most states will allow you to amend the Complaint.

    3: Small Claims is usually the correct court.

    4: I am not aware of any state that allows Small Claims to award Punitive damages.

    5: I am not aware of any state that allows Small Claims Court to order a Specific Performance. That's the GOOD news, because if you sue them successfully for an erroneous trade line and they don't remove it, sue them AGAIN.... and AGAIN... and AGAIN until they do remove it.
     
  3. delgato

    delgato Well-Known Member

    4: I am not aware of any state that allows Small Claims to award Punitive damages.

    Small claims can award the statatory damages recommended in the FCRA/FDCPA?
     

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