Mannerheim Posted April 9, 2005 Report Share Posted April 9, 2005 Hello,I have been preparing a lawsuit against Experian, and I'm wondering if I can recover full damages if I do it as part of a contempt order with Sanctions.I have a court order directing them to remove and update several items on my credit report, and after 8 requests, they still continue to refuse to do so.As part of the Motion for Contempt, can I add the credit law violations as part of the sanctions, or would that have to be part of another lawsuit?Thanks for the help! Link to comment Share on other sites More sharing options...
KentWA Posted April 9, 2005 Report Share Posted April 9, 2005 Sanctions are fines imposed by the court and paid to the court. They are not part of any damages they would have to pay to you. Include EVERYTHING in any suit you file. As an aside you can motion for sanctions in your previous case. I seem to remember that the previous case was not againest them, but the court order directed them to remove the listing. Since they are the subject of the order and they did not comply you can do a simple motion to impose sanctions, then file a seperate suit for damages. Link to comment Share on other sites More sharing options...
Mannerheim Posted April 9, 2005 Author Report Share Posted April 9, 2005 Thanks for responding. You're a great help.So, am I to understand that I would file a Motion for Contempt with Sanctions, as well as a lawsuit against Experian on behalf of myself, including damages?Thanks again! Link to comment Share on other sites More sharing options...
KentWA Posted April 9, 2005 Report Share Posted April 9, 2005 As far as I know you can submit a post judgement motion for sanctions based on non-compliance to the court that made the order. You will need to check the court rules. You may even be able to include a damage award againest them rather than file a seperate suit, really not sure there. Link to comment Share on other sites More sharing options...
Mannerheim Posted April 9, 2005 Author Report Share Posted April 9, 2005 Thanks Kent,Where would I find the court rules? Link to comment Share on other sites More sharing options...
KentWA Posted April 9, 2005 Report Share Posted April 9, 2005 There just has to be something going on in the State of Michigan right now, sun spot, Lunar eclipse or something like that. The number of threads concerning actions in that state has been high for the last week. The Rules can be found at:http://courtofappeals.mijud.net/rules/public/default.aspUnfortunantely they are laid out in a user hostile manner, listing only the rule numbers and not subject or title in the table of contents. Link to comment Share on other sites More sharing options...
Mannerheim Posted April 11, 2005 Author Report Share Posted April 11, 2005 Thanks Kent, I'll check it out! Link to comment Share on other sites More sharing options...
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