bluealex915 Posted November 26, 2004 Report Share Posted November 26, 2004 I have a court date with Experian in Dec and want to know if it is a good idea or not to file a motion for summary judgement in small claims. I have read alot of posts and I have not found or heard of anyone doing this. It seems that most everyone goes to court or settles. I have all my evidence and certified mail reciepts along with green cards to nail Ex when we go to court. I have them on 4 violations for not responding to my five letters for the method of verification. Ex then did not delete the trade lines from my report either even after getting several letters from me. Anyway, if I do file a motion for summary judgement do I need to attach all the copies of my evidence? I do not want to provide Ex anything unless I absolutley have too. After I served Ex they responded with a general deniel to all the allegations I brought up against them. I was just wondering what the best strategy is here in regards to the motion, to file or not, that is the question.Thanks............................ Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 1, 2004 Report Share Posted December 1, 2004 there is no motion practice in small claims. You show up, give your proof, they give theirs. Link to comment Share on other sites More sharing options...
Xanathos Posted December 1, 2004 Report Share Posted December 1, 2004 Which is why I will never sue a CRA in small claims again. SC is good if ya don't have much experience in litigation with CA's/CRA's, but reading over the Federal rules of procedure and all the extra tools ya get for having a case up there....I kick myself when I think of how much more I could have nailed those pricks for.When I do Chickie's CRA suits, I won't be making the same mistake Link to comment Share on other sites More sharing options...
bluealex915 Posted December 1, 2004 Author Report Share Posted December 1, 2004 I guess I will get my feet wet in small claims and get some experience. I am sure I will have another opportunity to take a case to federal court in the future. Since this is my first court case against a CRA the intitial thought of federal court was a scary and kind of intimidating. I don't even know how to caculate damages any other way other then statutory. Well, I hope that I can present my case well enough for the judge to see it my way in December.Thanks Link to comment Share on other sites More sharing options...
hoapres Posted December 2, 2004 Report Share Posted December 2, 2004 Probably, you will need to check you're state and local small claims court rules, motion for summary judgments - i.e. msj - and other pretrial motions are not allowed in small claims court. Link to comment Share on other sites More sharing options...
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