Hi- I have finally decided to go through with sueing Midland Credit Management after speaking with a very rude account manager named Gladiz Galabiz. I'm so pissed off at her right now that I want to include her in the lawsuit when I file the lawsuit. I have all ammunitions I need, including validation and estoppel letters that were sent certified with return receipt, and also records of name, date and time of representatives who called me even after sending in my validation letter. My question is do I go file the lawsuit in a Civil court or hire a lawyer? Also, has anyone included the representative in a lawsuit before? Thanks, Kevin
I guess the big determinant is how much money you are seeking. If you only want a few thousand $ in statutory penalties for FDCPA/FCRA violations, then a small claims court will do just fine. However, if you have been denied credit, employment, or Midland's violations are well-documented and flagrant, getting a lawyer and suing them in district or federal court would be the way to go. You could ask for punitive damages which are generally unavailable in small claims cases. Note--you may only be entitled to reimbursement for legal fees if you suffered any actual damages (i.e. adverse action in regards to employment, credit, insurance). Having seen a lot of C'netters get abused by Midland, I wish you a lot of luck in taking down these lowlifes.
