Hey guys...just thought I'd drop in and let everyone know what is going on in my wonderful world of suing a former creditor! Background: I filed a dispute with the CRAs and Original creditor on an account that was paid off and closed 2 years ago. The OC decided to pull a hard inquiry on my report without a PP. I sent the demand letter for 1K with the promise to sue if I got no reply. They replied alright, that they damned well had a PP and that I needed to go away. LOL...That ticked me off. Well, I filed suit for $2500--state and Federal claims--in my local Justice Court. They tried twice to change venue--and got slapped down. They tried to bury me with discovery requests--I claimed priviledge and objected to the requests and sent my own comprehensive list of requests. They didn't return the discovery as required by the rules of Civil Procedure in my state so I asked for Sanctions (Precluding them from bringing a defense) and, if granted, a summary judgment. Oh, and the discovery turned up more violations so the total was now 5K--plus my costs and fees. OC's lawyer has tried to remove the case based on my total claims (damages + fees) exceeds the jurisdictional limit. I don't think its gonna fly. Something about some precedent from the state Supreme Court or something Also, they are now filing a counterclaim for attorneys fees saying that my case if frivolous. LOL.. I have them nailed to the wall and they are claiming it is frivolous. Amazing. I responded with evidentiary documentation that the claims were valid and true that they themselves provided in discovery. Now I'm asking for sanctions that THEY filed a frivolous counter suit and that If the court finds that to be true, that the attorney be reported to the state bar for repeated violations of the rules of Civil Procedure and Civil Practice and Remedies Code. Should be fun to see that develop. Anyways...now waiting for the hearing for the first set of sanctions on discovery abuse next month. It has been quite fun and entertaining. I'm thinking about law school at night now and doing this full time. It's comforting to see them wiggle. Everyone who is new...keep your chin up and keep slugging. Take advice from those who have been here awhile and learn for yourself what the law truly says. Take care all, God Bless.
This one really tickled me. I'm sitting here LOL with glee. I'm was *sure* that you were already a law student, but you're not? (shocked look). So where'd ya learn all this legal stuff? You sounded to me like you were a very agressive lawyer-type, not pro se?
Good for you, very entertaining to read, you know there are people missing patches of hair from their heads! Better than fiction...lol!!
