Ravenous Wolf Posted June 3, 2003 Report Share Posted June 3, 2003 I am going to have a buttload of documentation to present at my future small claims lawsuit.What is the right way to have this evidence presented.Like, I know I must give the court copies of original documents but I do give them everything???Or do I wait until I am actually in court?And, how do I present pieces of law in court, like from the FCRA and the FDCPA? Link to comment Share on other sites More sharing options...
ADSOFT Posted June 3, 2003 Report Share Posted June 3, 2003 <blockquote>Originally posted by Ravenous WolfI am going to have a buttload of documentation to present at my future small claims lawsuit.What is the right way to have this evidence presented.Like, I know I must give the court copies of original documents but I do give them everything???Or do I wait until I am actually in court?And, how do I present pieces of law in court, like from the FCRA and the FDCPA?</blockquote>Hi Rav,I read at one of these posts that somebody filed a complaint with the FTC, ATTG, BBB and summarized their evidence, 1 month latter everything fell off. That might be an alternative if you don't want to go to all the court bullshit.Hope that helps. Link to comment Share on other sites More sharing options...
Xanathos Posted June 3, 2003 Report Share Posted June 3, 2003 Screw that, this is the guy who's suing AMEX, right?If I have the person right, then he needs to take it all the way.. have them show him the fricking money! Link to comment Share on other sites More sharing options...
LadynRed Posted June 3, 2003 Report Share Posted June 3, 2003 You need to look up your state's laws on civil procedure, rules of evidence, etc. Each state varies on the wherfores and howto's but its in the statutes. Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted June 4, 2003 Author Report Share Posted June 4, 2003 In Texas, the maximum amount to sue for is FIVE thousand clams.I am going for the whole enchilada.I can get that EQ paid collection account removed but instead, I am going to give the CA the chorizo.I did buy a book titled: How to win a small claims lawsuit in Texas.I have only had a chance to skim through it but so far, it only has stuff that I already read from my county web site. That was like twenty clams down the toilet.Maybe I can claim the cost of that book as part of my court costs... The rules in Texas are kind of hazy on what can be presented as evidence. That is my gold mine. I actually have signed letters, green cards, creditors telling to "Go [EXPLETIVE DELETED]Myself" because of my Equifax credit score, etc...When my day comes, I want to be able to put the chorizo on the table and make sure that all the documents are admissable as evidence. Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 9, 2003 Report Share Posted June 9, 2003 If you are truly in small claims court (as opposed to justice court) in Texas, the rules of evidence and procedure do not apply. It is up to the judge as to what he or she allows into evidence. Also, the loser at trial has a right to appeal to the court court for a trial de novo (second bite at the apple!). Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted June 9, 2003 Author Report Share Posted June 9, 2003 That is what I am trying to figure out on what I can present as evidence.One part I read, is that it costs something like two clams per copy to get a document copied so that it can be available in small claims court.I have a lot of evidence and I am wary about being nickel and dime to death.Also, if I want to actually bring up the law in small claims court, like the the FCRA, FDCPA, and the FTC opinion letters, how do I get that submitted as evidence. Or I do whip out a print out of those sections of the law while I am in small claims court.Right now, I am thinking that since I have this Friday off, I may want to just go in to small claims court and see other people in court. I am assuming that small claims court is open to the public... Link to comment Share on other sites More sharing options...
ADSOFT Posted June 9, 2003 Report Share Posted June 9, 2003 <blockquote>Originally posted by Ravenous WolfThat is what I am trying to figure out on what I can present as evidence.One part I read, is that it costs something like two clams per copy to get a document copied so that it can be available in small claims court.I have a lot of evidence and I am wary about being nickel and dime to death.Also, if I want to actually bring up the law in small claims court, like the the FCRA, FDCPA, and the FTC opinion letters, how do I get that submitted as evidence. Or I do whip out a print out of those sections of the law while I am in small claims court.Right now, I am thinking that since I have this Friday off, I may want to just go in to small claims court and see other people in court. I am assuming that small claims court is open to the public...</blockquote>Hey, Rav If you get $5,000 bucks you better take care of me!!!! Don't go hide on me now(j/k)!!If you have a strong case(I assume that you ran it through a FDCPA savvy lawyer, just for advice) then I would go to the highest court possible, and did you do a search on the net if this particular CA has been sued. Also do a search on the net for "FCRA VIOLATIONS" you might be able to get some cases as precedence"FCRA VIOLATIONS TEXAS".How about FDCPA violations, you got some their???? Remember, you gotta take care of me(j/k).Hey, Rav good luck BRO. Let us know what's up, I'm keeping my fingers crossed for you. Link to comment Share on other sites More sharing options...
cybercrusader Posted June 9, 2003 Report Share Posted June 9, 2003 <blockquote>Originally posted by Ravenous WolfAlso, if I want to actually bring up the law in small claims court, like the the FCRA, FDCPA, and the FTC opinion letters, how do I get that submitted as evidence. Or I do whip out a print out of those sections of the law while I am in small claims court.</blockquote>Small claims is relatively informal compared to a court of record. I don't know exactly how Texas works, but in PA you don't have to file anything in advance. You simply show up, acknowledge the judge/magistrate and let him or her begin with the questioning. You'll want to begin with an opening statement laying out the facts of why you're there. After that you present your issues/violations and back up each point with your evidence (copies of FDCPA, case law, and so on.) Make sure to label each document, exhibit 1, 2, 3 and so forth. Bring two copies, one for you and one for the judge. Highlight the salient points. Be sure you're comfortable and thorough with whatever you're presenting as evidence because the opposing party will have an opportunity to cross-examine each document. In small claims I don't really think it matters what can or can't be submitted as evidence. It's very informal and like previous posts and threads have suggested, the judge will really make a decision based on what he or she "feels" is right. Keep in mind that many of these judges/magistrates do not have law degrees. Most of them deal primarily with speeding tickets all day long.Be nice and polite to all parties (including the defendent) and thank the judge for giving you the opportunity to resolve the matter in his or her forum. If you are overly aggressive and belligerent to the opposing party it will work against you. Link to comment Share on other sites More sharing options...
TexasLawyer Posted June 11, 2003 Report Share Posted June 11, 2003 Small claims court in Texas is very informal, and the Texas Rules of Evidence do not apply. Therefore, the court admits whatever it wants to admit. I, and most attorneys I know do not like small claims court. Link to comment Share on other sites More sharing options...
Anonymous Posted June 11, 2003 Report Share Posted June 11, 2003 <blockquote>Originally posted by TexasLawyerSmall claims court in Texas is very informal, and the Texas Rules of Evidence do not apply. Therefore, the court admits whatever it wants to admit. I, and most attorneys I know do not like small claims court.</blockquote>But attorneys for CA's LOVE them for the same reason you cite. Link to comment Share on other sites More sharing options...
Anonymous Posted June 11, 2003 Report Share Posted June 11, 2003 <blockquote>Originally posted by TexasLawyerSmall claims court in Texas is very informal, and the Texas Rules of Evidence do not apply. Therefore, the court admits whatever it wants to admit. I, and most attorneys I know do not like small claims court.</blockquote>But attorneys for CA's LOVE them for the same reason you cite. Link to comment Share on other sites More sharing options...
cybercrusader Posted June 11, 2003 Report Share Posted June 11, 2003 <blockquote>Originally posted by TexasLawyerSmall claims court in Texas is very informal, and the Texas Rules of Evidence do not apply. Therefore, the court admits whatever it wants to admit. I, and most attorneys I know do not like small claims court.</blockquote>But attorneys for CA's LOVE them for the same reason you cite. Link to comment Share on other sites More sharing options...
cybercrusader Posted June 11, 2003 Report Share Posted June 11, 2003 Sorry for the triplicate posts, but the new board through me for a loop. Link to comment Share on other sites More sharing options...
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