Anonymous Posted May 6, 2003 Report Share Posted May 6, 2003 AAAAAAAAAAAGH!I filed a small claims suit against a CA and found out today, the day before the hearing that they have moved to remove it to district court...Now What do I do ? Please help !!! :worry: Link to comment Share on other sites More sharing options...
LadynRed Posted May 6, 2003 Report Share Posted May 6, 2003 Now you might need a lawyer because in District Court they can pull ALL the legal maneuvers on you.. but you can do the same with them. All the usual legal procedures not allowed in Small Claims will be available.. like discovery etc. Link to comment Share on other sites More sharing options...
Anonymous Posted May 18, 2003 Author Report Share Posted May 18, 2003 FYI, You don't necessarily need an attorney but what I suggest you do is go online and get a copy of that city's District Court Rules(rules and regulatins)(procedure rules)etc., because it appears that they are trying to beat you on a technicality if they could...Another positive is that during disclosure(discovery) they have to definitely validate the debt. Link to comment Share on other sites More sharing options...
DocDon Posted May 18, 2003 Report Share Posted May 18, 2003 Sorry to hear you are about to take part in what could be a long and grueling experience. I tried to warn people that some of the posts on this board are misleading. You don't just walk into court and walk out with a $1000 check for violation of the FCRA or FDCPA.I wish you all the best, and hope that others who bought into this misconception can see just how much of an undertaking it is to utilize your right to sue, and the possibility that you will get nothing for all the efforts you put into it. Please keep us updated on your situation. Link to comment Share on other sites More sharing options...
smogtek Posted May 18, 2003 Report Share Posted May 18, 2003 Court is a lot of work and there is NO GUARANTEE you will get the "golden $1,000 per".I've been there, done that and did NOT even get a t-shirt! I did, however, get 2 addresses deleted PERMANENTLY and $100 per address plus court costs. The very LEAST amount provided for under California Civil Code Section 1785.30!HTH Link to comment Share on other sites More sharing options...
DocDon Posted May 19, 2003 Report Share Posted May 19, 2003 smogtek,How long did it take you to get that result? [Edit by DocDon on Sunday, May 18, 2003 @ 05:30 PM] Link to comment Share on other sites More sharing options...
Anonymous Posted May 19, 2003 Author Report Share Posted May 19, 2003 <blockquote>Originally posted by smogtekCourt is a lot of work and there is NO GUARANTEE you will get the "golden $1,000 per".I've been there, done that and did NOT even get a t-shirt! I did, however, get 2 addresses deleted PERMANENTLY and $100 per address plus court costs. The very LEAST amount provided for under California Civil Code Section 1785.30!HTH</blockquote> Link to comment Share on other sites More sharing options...
Anonymous Posted May 19, 2003 Author Report Share Posted May 19, 2003 Thx, Please give us a little more info..did you sue a collection agency in small claims, what was your cause of action etc., was it in the southern, central or northern district. Link to comment Share on other sites More sharing options...
Anonymous Posted June 10, 2003 Author Report Share Posted June 10, 2003 Update -Well they've set a court date, I'm in Michigan, I got the notice this weekend and the court date is June 23rd. I am debating whether or not to actually go.The note from the court says "failure to appear" will result in default judgement or dismissal of the case. I am actually going to see a bankruptcy lawyer tomorrow, to look into Chapter 13, because I have another lawyer biting at my heels and I'm going to ask the lawyer about this case as well.Any other advice anyone has would be helpful. I appreciate the honesty about how it's not so easy to sue creditors. This CA was waaaaay out of state, but somehow the got a somewhat local lawyer. It's really a shame that there aren't any lawyers out there who would take on this case despite the low winnings that would come out of it. I just wonder some day if anyone would ever be willing to stand up for our rights... Link to comment Share on other sites More sharing options...
Swede Posted June 11, 2003 Report Share Posted June 11, 2003 <blockquote>Originally posted by KeithIt's really a shame that there aren't any lawyers out there who would take on this case despite the low winnings that would come out of it. I just wonder some day if anyone would ever be willing to stand up for our rights... </blockquote>Did you check out www.naca.net? Link to comment Share on other sites More sharing options...
sisflomi Posted June 11, 2003 Report Share Posted June 11, 2003 Don't know what part of MI you are in, but this info comes from scott co/cardreport.com He emailed me back the very next day. He couldn't help me as I am downriver, but he also emailed me the name of this second lawyer listed. Maybe one of them can help you out.Phillip C. Rogers 40 Pearl St., Ste. 336 Grand Rapids, MI 49503 (616) 776-1176 Fax : (616) 776-0037 Email: RogersPhil@aol.comTry calling Ian Lyngklip, 248-746-3791[Edit by sisflomi on [TIME]1055309904[/TIME]] Link to comment Share on other sites More sharing options...
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