http://www.creditworth.net/ If you are getting ready to sue, particularly if you are retaining an attorney, I would suggest checking this site out. One of the attorneys I've been speaking to re my Small Claims suit vs Macy's (who I found at www.naca.net ) highly recommended this service for maximizing the damages claim. Depending on the outcome of my Small Claims case, which is entirely FCRA based, I may retain this attorney to go after them a second time using California State statutes, which allow for higher damages ($5000 per violation). The attorney told me these guys charge around $2500, up front.
Loss of Credit Reputation Is Recoverable As Special Damages A method to measure out-of-pocket creditworthiness damage, making it a compensable damage. by THOMAS GEORGE KEY, Attorney at Law, Tustin, CA Every person suffering a detriment caused by the wrongful act of another may be entitled to a lawful remedy (Civil Code §3523). In civil courts, the recovery of money from the person at fault is called â??damagesâ? (Civil Code §3281). In other words, attorneys generally translate the detriment into a prayer for relief in money. This reduction of the compensable detriment to money damages is not always obvious or easy. If the plaintiff is not able to show the defendant the basis for the demand, or if the proof is not available, the defendant may be shielded from liability. Some damages are easily recognized and quantified, such as medical bills, costs of repairs to property or loss of earnings. Others are easy to recognize but difficult to quantify, such as physical and emotional pain and suffering, disability or loss of consortium. There are, however, damages suffered by many plaintiffs which may be more difficult to recognize but which are more easily quantified than you might think. The statutes provide a broad measure of damages in both contract (Civil Code §3300) and in tort cases (Civil Code §3333). The damages in clude compensation for â??all detriment proximately causedâ? by the breach or injury. Courts have interpreted the â??all detrimentâ? to include loss of time and effort (Sutter v General Petroleum (1946) 28 Cal. 2d 525). Even damage caused by lost profits and â??delayâ? is compensable (Dean W. Knight v. First Western Bank (1978) ) 84 Cal. App. 3d 560).
Can you please point me to the section of the California Civil Code that says that about $5000 per violation? I am doing all my homework prior to filing suit, and that would come in very handy Also, are you sure you can sue them once under the FCRA and then again under California state law? That would come in VERY handy ;D
Here's the link. According to the atty I spoke to, there's nothing in either federal or state law to preclude going after them twice. If anything, showing up in state court with the verdict from the Small Claims court on federal claims strengthens you case just a wee bit. Better than showing up after losing on the federal charges, don't you think?
I haven't spoken to David Szwak, if that's the David you're referring to. I spoke to another NACA member. I thought it made more sense to deal with someone close to home. He does not take contingency cases due to high demand for his services, but he was more than willing to recommend other NACA members in my area who would take a case on contingency.
