Case Results ....PISSED!!!!!!!!

[better credit]

The stupid judge did a judgement for the defendant (TU) for cases to be dismissed. She clearly displayed no interest in the FCRA or hearing my case. My case was clear cut reinsertions, and not deleting (2 accts) after providing letters from creditors and not certifying accuracy. I am so upset.

This was a small claims case. Can I appeal directly to Fed or must I go the next set up like state?

[GreatGadsby]

did you have a court reporter? if not, you can't appeal.

[better credit]

REALLY???? Didn't know that! So I can't file in Fed at all now? My claim was non compliance to FCRA. Can I be more specific when filing in Fed? Because you cant sue for the same thing correct?

In other words, how can I take them to fed at this point?

[GreatGadsby]

if you file a new suit in federal for the same violations, TU will argue that it has already been tried in the small claims case (I don't know the legal term) and the judge will grant them a dismissal.

all you can do is appeal the verdict of the small claims case, but in most if not all jurisdcitions, you have to have an official transcript of the case to appeal.

appeals courts will not retry the facts of the case, you can only appeal on matters or law.

[Methuss]

You can sue for civil violations as often as you want and for anything you want. Winning is another matter.

I'm not entirely sure why you didn't get a lawyer to handle it for you since the lawyer woulod have done it on contingency. The lawyer gets paid by filing his bill with the court and the CRA then has to pay it on top of what you win.

Further, small claims court generally cannot issue injunctions to force compliance, they can only award monetary damages for non-compliance.

[divemedic]

There are few lawyers willing to do FCRA or FDCPA cases on contingency. The money iisn't there for them.

The term is called res judicata. Basically, if a case is tried in one court, it cannot be tried in another. A good explaination here:

http://www.west.net/~smith/resjud.htm

http://en.wikipedia.org/wiki/Res_judicata

There is no appeal to the Federal courts from SCC. The best bet you have is to get an attorney and try to get damages from the furnishers. No offense, but you are not ready to sue anyone.

This is why I tell people not to run off and sue everyone with each violation.

[mikey]

if you file a new suit in federal for the same violations, TU will argue that it has already been tried in the small claims case (I don't know the legal term) and the judge will grant them a dismissal.

all you can do is appeal the verdict of the small claims case, but in most if not all jurisdcitions, you have to have an official transcript of the case to appeal.

appeals courts will not retry the facts of the case, you can only appeal on matters or law.

Many states allow either party to appeal a small claims court decision within a short period of time, usually between 10 and 30 days. In some states, appeals must be based solely on the contention that the judge made a legal mistake, and not on the facts of the case.

Other states have their own unique rules. In California, for example, a defendant may appeal a small claims court decision to the Superior Court within 30 days and receive a new trial -- in which the judge addresses both the law and the facts of the case. And except in very limited circumstances, a plaintiff may not appeal at all.

[better credit]

Thanks Mikey! I just spoke w/an attorney he told me you can still appeal as long as there was no evidence entered because that is what the transcribing would be for. This time I'm trying find a attorney. There are only 5 consumer attorneys in Georgia and 3 are 4 hours away. the 2 that are local will not take the case for ethical reasons, so I had no choice. that is why I think in some cases it is better to arbitrate. Those judges don't have to worry about getting reelected. what benefit does it provide for the judge to side w/me verses a corporation that can help them get reelected.

[divemedic]

Tell us how that works out for you.