wpt2006 Posted September 30, 2006 Report Share Posted September 30, 2006 In process of filing suit against OC I can file this in justice court up to $9999.00 as long as I am not seeking injunctive Relief. I believe I will need to but need to know the direct definition of it, as this will determine if filed in justice court or superior court.Are there really some lawyers out ther? I will be suing for statutory, punitive and i have actual documented damages. (actually my suit will propably run over the 10k mark but want to make sure i understand fully what Injunctive Relief means.Oh, and be kind to me, I am new to this board. I belong to another board, and a friend refered me over here for help with my lawsuits.thanks! Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted September 30, 2006 Report Share Posted September 30, 2006 Injunctive relief is an order from the court to stop a certain conduct, it does not involve monetary relief. For example: A creditor re-aged your account so it continued to report beyond the 7 year reporting period. You sue them. They remove the TL. A month later they re-age it and report it again. You could continue to sue them every time they do this, or you could ask the court to order them never to report the tradeline again. That would be injunctive relief. Link to comment Share on other sites More sharing options...
divemedic Posted September 30, 2006 Report Share Posted September 30, 2006 Also, reading your post brings 2 other things to mind:FDCPA is $1000 in statutory damages for the entire suit, not for each time the CA violatedandif that is AZ's version of small claims, avoid it, small claims judges are pretty anti-consumer Link to comment Share on other sites More sharing options...
wpt2006 Posted September 30, 2006 Author Report Share Posted September 30, 2006 Thanks for the responses. So I will seek injunctive releif to make sure they don't report it again.As for the FDCRA yes I am aware it is per the whole suit. However, the FCRA allows $1000 per violation and there are several of these alone, as well as the AZ statute is only one time. Not to mention Federal BK laws that have been violated.I am trying to keep this out of small claims, as I want a judge to hear this case not a JOP. It was when i was obtaining the forms, i found this info, and wanted to make sure so I didn't mess up.thanks again for the help. Link to comment Share on other sites More sharing options...
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