In this ever-increasing litigious society, one day you may find yourself on the receiving end of a lawsuit. Have no fear — we have all the basic information you will need to navigate your way through litigation.
We cannot stress enough, however, that we are not lawyers, and any and all information on our site is just that — information, not legal advice.
If you have any questions regarding litigation, it is best to seek the advice of a licensed attorney in your state.
We all take on some debt now and again, and some of us may have some serious defaults on our credit reports, but what happens when you get a call from a supposed creditor that says they’re going to serve …
Your local state attorney general’s office is your best friend when it comes to areas of credit repair issues. They can advise you on all matters of law, tell you what paperwork you need, help you find affordable representation, cite legal …
People are often scared out of their wits when faced with having to go to court. They don’t know how to act or what to say when the judge asks them questions. Yes, it can make or break your case if …
It’s stressful enough owing debt you cannot afford to pay. But it’s devastating if and when you’re forced to pay anyway in the form of wage garnishment. Fortunately, it is not a foregone conclusion that a Wage Withholding Order will stick. The key, of …
Did someone file a judgment against you? If they did, there is a chance you can get it dismissed or vacated. Vacating a judgment is basically the equivalent of stamping a big fat red “VOID” on the judgment paperwork. When you …
In our How to Answer a Lawsuit article, we discussed how to answer the complaint or lawsuit that was presented to you. As part of your answer, a list of affirmative defenses should be included. One such affirmative defense is the unclean hands or clean hands …
We came upon these tips from creditnet.com. Hopefully, this information will make it easier for you to file a lawsuit against a credit reporting agency. Since so many are trying to trip up the CRAs, here are some hints from …
Did you know you can sue a creditor or a credit bureau for violating the Fair Debt Collection Practices Act? Violations happen all the time to unsuspecting consumers who don’t have a clue as to what their rights are — let alone that they …
If someone else’s actions damaged your credit, you may have a case, but only if the action was illegal, malicious, or infringed upon your rights, including a creditor’s willing or negligent provision of inaccurate information to credit reporting bureaus. Examples Where Your …
Part of our Case Law References Section United States Court of Appeals, Fifth Circuit. No. 91-7142. John STEVENSON, Plaintiff-Appellee, v. TRW INC., Defendant-Appellant. April 1, 1993. Appeal from the United States District Court for the Northern District of Texas. Before WILLIAMS, HIGGINBOTHAM, …
Small Claims Court Links To Each State Please visit the source for this information, as it changes frequently. State Maximum Amount Brochures/Pamphlets Court Links Attorney General Links Alabama $6,000 Alabama Small Claims Courts Alabama Guide to Small Claims Alabama Court …
The procedures of filing a lawsuit in small claims vary from county to county and state to state. Below, are just general guidelines so make sure to check the rules of the court in the area where you are going to …
Part of our Case Law References Section 2001 U.S. Dist. LEXIS 22581, * DENISE M. RICHARDSON and ROBERT L. RICHARDSON, Plaintiffs v. FLEET BANK OF MASSACHUSETTS, EQUIFAX …CREDIT INFORMATION SERVICES, EXPERIAN, TRANS UNION and PORTFOLIO RECOVERY ASSOCIATES, LLC., Defendants CIVIL ACTION NO. …
When a lawsuit is filed in a local court, a copy of the lawsuit must be served to the defendant who is named in the lawsuit. If you are sued, and you were not served properly, this fact can get your case …
On our website, you can find numerous articles about credit repair, debt settlement, and bankruptcy. But what happens when you open your front door one sunny day to find a process server handing you a lawsuit. As part of our coverage on legal matters, this …
One of the interesting provisions of the FACT Act is to help with identity theft by way of the Notice of Negative Information Provision, which is covered in section 623(A)(7). The FACT Act requires creditors to give an early warning notice, which …
If you are in the middle of a lawsuit, hopefully, you have already read our articles explaining how to answer a summons and complaint and how a lawsuit works. Having digested all of that information, you are now ready to move on to …
If you have been looking through this website, you most likely see that we advocate do-it-yourself credit repair. But, can one handle their own debt litigation? Of course! Besides the wealth of free information on our site, there is a lot …
Just because someone is a lawyer doesn’t mean he or she is knowledgeable in the area of consumer law. If you are going after a credit bureau, original creditor, or collection agency, you need to talk to a specialist in this …
Civil law deals with disputes between individuals, as opposed to criminal law which deals with a crime and legal punishment as a result of a criminal offense. Lawsuits are filed in civil law and damages are awarded to a person as compensation …
If you ask the average person what life events frightened them the most, one of the answers will surely come up as the fear of being sued. With many collection agencies and junk debt buyers turning to the legal system …
Lawsuit Won Against Midland Funding This post was taken from our discussion boards and bears repeating and showcasing. Here is how it went down… That’s right! I FINALLY had my trial with Midland funding. I never posted about it on …
Being served a lawsuit can be a scary event for most of us, but it doesn’t have to be. If you understand the three basic phases and the two intermediate steps associated with a lawsuit, you will feel more comfortable handling …
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the conduct of debt collectors in their efforts to collect debts from consumers. The FDCPA prohibits debt collectors from using abusive, deceptive, or unfair practices when collecting …
The FACT Act (HR 2622) was signed into law by President Bush in December 2003. Officially titled the Fair and Accurate Credit Transactions Act of 2003, the FACT Act incorporates and extends the Fair Credit Reporting Act (FCRA), which had preemption provisions …
The early stages of a lawsuit involve the disclosure of evidence by each party which is known as pretrial discovery. Discovery is meant to eliminate surprises and to clarify what the lawsuit is about, should either party realize they should settle or …
If you actually have to go to court and sue the credit bureaus or a creditor during a debt validation or credit repair process, you want to do it on the basis of defamation of character or denial of credit. This is a very strong argument …
Part of our Case Law References Section JENNIFER CUSHMAN, Appellant v. TRANS UNION CORPORATION UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 115 F.3d 220 April 17, 1997, Argued June 9, 1997, Filed PRIOR HISTORY: On Appeal from the United States …
Case Law Reference and Links to FCRA and FDCPA Information Don’t know which case to cite when trying to prove your point? This list was provided by a reader on our discussion boards, along with our own thorough research. Many of …
This case law determined that reporting on a credit report is considered collection activity. TWYLA BOATLEY, Plaintiff, v. DIEM CORPORATION, an Arizona Corporation, and DEBRA DENCEK, an Individual, Defendants. No. CIV 03-0762 PHX-SMM UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA …
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