I sent an email to the attorney that Marie gave me, still waiting. So what is the staus of your actions? CBJ
First one settled right away. This second one had two defendants. The OC settled right away and I had them dismissed from the lawsuit. Still waiting on Experian to file an Answer so we can get on with it. I know a lot of people feel like the CRA's will always try to settle. From what I have heard from others who have sued, though...that is not always the case. I don't expect Experian to attempt to settle this, but I am hopeful that they will. I think I have a strong case against them, but we will see. L
I hate that happened to you, but at least she didn't order you to pay for their attorneys cost and plane tickets. She could have done that if she had been competent.
Couple of questions. Did she make that ruling with some prodding from the CRA rep's or did she just start down that path on her initiative? Also,{and I know you won't like this} you said one of the CRA reps tried to get you to admit the debt is yours and you replied there are 3 people with your name in your county. Did that exchange occur in front of the judge or was it in some pretrial attempt at mediation? It's just my experience that once a judge begins to believe the debt is yours, it's gonna be tough.
I feel for you.. that guy Steve is a PRICK and I was against him as well. I will get him during round two however. that guy is SO condescending when he speaks it pisses me off that much more..
Don't worry about changing your handle because all of the post capture your IP address. Unless your IP address is dynamic, we will still know who you are.
LBrown59 ted75 | 119 By your judge's response...I don't think SHE was competent...what an idiot.. ========================================================. With this kind of enforcement we really don't have any consumer protection laws. The feds won't do anything about it. The courts won't act so you have nobody looking out for you. The only thing left is Quit doing business with those who use CRAs and or FICO. The choice is clear either that or put up with it.
The Judge was within his/her rights to ask for justification the suit should be in his/her Court. The FCRA calls for a Court of "competent jurisdiction". The Judge's ruling was wrong. The SMART move is to get the facts and justification on why the Court should hear the case. You should move the Court for "reconsideration." Send the Judge a letter, with your argument on why the small claims court has jurisdiction, and see if they will set a new Court date. Perhaps here we can find the legal citations to show the Judges of the USA why they have jursidiction. Small claims is supposed to be for non-lawyers and the Judge should figure it out. But, since your case was dismissed without prejudice, you can refile if you like. So... Lizardking and others, why does the Small Claims Court have jurisdiction? Lets use this opportunity for learning more about the Court and filing cases against the credit bureaus.
Here is the letter I wrote when I got that one: This letter is to serve as a pleading to the Court requesting that Betsy Schmittâ??s (Operations Supervisor) letter to the Court written on September 26, 2001 be stricken as she is not an attorney authorized to represent Experian in Court. I am in the process of filing a report with the State Bar and the California Attorney General for unauthorized practice of law by Ms. Schmitt in representing a corporation in action. I also request the Court to deny the application as there is no California Civil Code section 395.5 that Ms. Schmitt refers to in her letter. Please note, that the court has jurisdiction and is the proper forum under California Civil Code section 1785.31, which expressly sets the appropriate forum as any court that has jurisdiction. This was designed to alleviate the burden of the individual consumer having to litigate small cases in inconvenient locations, exactly the result requested by Experian in the letter. As Consumer Protection Act violations sound in tort, the traditional principles apply that venue is proper where the damage occurred, here in the home district of the consumer. Also note, that venue is proper under CCP 393 and 395(a), as the cause of action arose here and damage occurred here. Finally, I had to consult an attorney in response to Ms. Schmittâ??s motion and request an additional $500 be assessed as further damages. Thank you for your consideration in this matter. Sincerely,
It sounds as if your judge didn't know wtf she was doing, and was unprepared herself to hear such a case. I think she took the easy way out, and found the first thing she could to get you into a different court. Use the info in the FCRA on jurisdictions and get it back to the judge. This follows my 95% rule, 95% of all professionals out there really don't know wtf they are doing, they just get by.
1* This judge Could have done them a favor: Who wants a nincompoop like this handling it for them anyway? 2*Your rule don't work with The Credit Industry! Do you have a 110% rule for them? ==================================================== Re: Went to Court, everyone read!!!! mfactor | 23 posts since Mar 2002 216.62.200.76 | 05.14.2002 @ 20:44 1*It sounds as if your judge didn't know wtf she was doing, and was unprepared herself to hear such a case. I think she took the easy way out, and found the first thing she could to get you into a different court. 2*Use the info in the FCRA on jurisdictions and get it back to the judge. This follows my 95% rule, 95% of all professionals out there really don't know wtf they are doing, they just get by.
I agree with your 95% rule. I took a case to an attorney last summer and he didint think we could win. I insisted we could and he took the case. He said that he would lose $ on it, though and he would do it pro-bono. Well they offered to settle right away for a fair amount about %500 greater than he thought the case was worth. I knew my position well and was certain we could prevail. He had spent all of 11/2 hours writing a letter and complaint. Of course he totally forgot about the pro-bono aspect of it and then was patting himself on the back for a job well done. Had I let him decide and listened to him, I would have never filed. You know your case better than anyone else.
Dynamic and behind firewalls and multiple proxites. For all but a very select few I am vapor when I choose. CBJ
I hear you. It is also nice to be able to leverage other peoples money. We are seeing rates right now that make it insane not to borrow money. The tax write off alone is alot of money to walk away from. I think your point is valid, I also think that it is as hard to get people to do as it is to change the current system. It just cost too much to quit. CBJ
s WOW!! Great response! I agree this is what I need to do. I was talking with an attorney and he told me to go to the section in the Idaho Code that defines the rules for small claims court and to refile in small claims and to attach a brief that uses these rules to explain why she has jurisdiction. The case that whyspers posted will help, but it would be better if I could get a case that has already taken place and come to a conclusion in Idaho with out an appeal. But other states WILL help, unless of course she really dosen't want to hear these cases in Small Claims in which case I'm dead in the water because I have no right of appeal in small claims. Your completely right that she was completely legitimate in asking for a explaination of jurisdiction, she didn't HAVE to explain anything to me, but that is a pretty harsh standard for Small Claims. Fact is we HAVE to do everything we can to keep these cases in small claims so that we can beat them through attrition. One other thought.... why do the CRA's care? It can't possibly be the integrity of their databases, as their databases have no integrity as has been proven over and over again here and other places. So if we figure out who makes money from people with bad credit, then maybe we would be a little closer to knowing the weaknesses of our enemy. Make no mistake about it, these people are the enemies of those of us who need and use credit. They take your flesh a percentage point at a time. So how much extra money does the lending institutions make with someone in the 600's compared to someone in the 700's. CBJ
He is a bit on the arrogant side, but I attested that to his age. He doesn't have much confidence. I've never understood the type of personality that gets off on punishing people. He was really into whther or not the debts were mine. A lousy $200 buck that keeps me subprime. Too bad, feel sorry for his kids if he has them. CBJ
No attorneys and she said she could do it by phone next time. She doesn't want this in small claims plain and simple, but if I do this right it will happen. She will probably then give me measily awards, but it doesn't matter because I'll get the deletions. CBJ
I am in about the same situation as you are, My court won't even let me file ANYTHING cause its federal. FCRA, FTC, etc. basically they want no part of it.
Most of the County Courts dealing with non-criminal cases are handled by Magistrates. Do you know what the requirements are to be a Magistrate in most areas... "a living breathing human being". Thats it. These people in many cases are use to dealing with petty "Judge Judy" complaints. Now here you are... Bring up Federal Statues against National Companies. See why there scared??!! Do some research on the Judges/Magistrates and what kind of cases they have dealt with. Make Equifax and Experian pay for another trip to your part of the country. They will get tired and settle.
Well this one is a bit more sophisticated than that!! WooHoo!! Went to the mail today and got the following: Jefferson Burns Plaintiff CASE NO. CV-02-402 Equifax Information Services ORDER RE JURISDICTION Defendant THE ABOVE ENTITLED matter came on for trial in small claims court on May 14, 2002 before the undersigned. Both parties appeared. At the beginning of the proceeding, the court noted that this matter was brought under Federal Law, specifically under the Fair Credit Reporting Act, 15 USCS 1681. The court stated that it believed such actions had to be filed in United States District Court and dismissed the matter without prejudice for lack of subject matter jurisdiction. The court further stated that plaintiff was free to research the issue and re-file in small claims if he could present the court with authority for proceeding in state court. The court has since reviewed 15 USCS 1681 nd the cases interpreting it and concludes that its initial ruling was in error. Under 15 USCS 1681p an action to enforce any liability under the Fair Credit Reporting Act may be brought in either state or federal court. The court notes, however, that only monetary damages are recoverable in small claims court. Damage for pain and suffering and punitive damage awards are prohibited. Idaho Code 1-2301. Plaintiff is limited to recovery of his actual out of pocket expennses. The court can not discern from plaintiff's claim the nature of the damages he is seeking. In the event that plaintiff is asking for damages for humiliation, mental distress, or the like, small claims is an inappropriate forum and the matter should be re-filed in either magistrate or district court depending on the amount of damages sought. NOW THEN IT IS HEREBY ORDERED that plaintiff may, without additional filing fees and without the need to reserve the defendants, re-note this matter for trial in small claims court. SO ORDERED THIS 14th day of May 2002. Barbara Buchanan