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About Spcialt

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  1. One more question for you…. I will ammend my claim and add the Calif statutes. When I file the ammendment should I also include my brief or should I hold off on that until the day of court? I’ve heard that by adding the brief to the court docs gives the defendant extra time to build a better defense because it lets them know exactly what you’re arguing. This is all great info! Thanks a lot!
  2. Thanks so much for your response. I did not do a complaint brief. I’d planned on writing a court brief to submit prior to my court date. Question – can I submit this at anytime prior to court date or should I wait until the actual date? I have some samples, including the one you posted on this board, that I plan to use to compile my own. Also regarding the California statutes – I only filed for violations of the federal statutes. I need to know if I can ammend my complaint to include the California ones. What are the benefits of filing in Superior Court rather than Small Claims? I’m willing to drop the small claims and file in Superior if its truly worth my while. I understand that I’d have to find an attorney to handle that for me, but I’d be willing to do that. My only issue is that I’m suing for approx $1500 – isn’t that amount too small for Superior Court? As for the authorities supporting my claims (juristiction, etc.) – would all of these come from the FDCPA and the Cal. Cred. Rept. Act? Or should I research outside those two areas? Thanks for the heads up about submitting my entire credit report as evidence – I was concerned about that as I do have a couple of negative items that I’m working on as well. I was afraid that a judge would take a look at the entire report and hold it against me in this particular case even though the CA is clearly wrong. I will dispute the second entry immediately. So far the second entry is only showing up on two of the three reports. Not sure why its not on the third… Also good to know that my online printouts of my reports can be submitted as evidence – I was wondering about that as well. It is my hope (fingers crossed) that I’ll be able to settle with the CA prior to going to court. When I was at the courthouse I was able to check on the court’s internal websites about other cases filed against this CA which was interesting. They’ve had about 5 small claims cases filed against them in the past few years. Thanks!!
  3. I recently filed against a CA in California for failing to validate a debt they’re listing on my reports. I sent three letters requesting validation, the first two they ignored. They responded to the third, which was my intent to file suit letter, by sending me a computer printout listing my name, address and a dollar amount. Obviously not viable proof of this debt. I filed the case in Small claims last week. Yesterday I pulled my 3 reports online and discovered that this CA has duplicated this entry on my reports. The original entry was posted August of 2001. And now there’s a second entry – same amount etc – that was posted in January of this year. I know this is further ammunition for me in court. But I wanted to know if anyone here had any other ideas of what I should do. Should I dispute the second entry??? Or just wait until I get to court? The papers will be served on them next week. Thanks.