Went to Court, everyone read!!!!

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..
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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?
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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.

 

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.