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1st time suing CA in small claims


pere
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Hi,

Should I sue the two collections agencies below in small claims court and do I have a case? What exactly should I sue for if you think I have a case? How would I argue that San Diego court is the right venue?

Case 1:

-Just appeared on my credit report in October '06. Never heard of debt and learned of it when it appeared on my credit report.

-I DVd 11/1/2006 via certified mail to the CA and disputed with CRAs. CA validated debt to CRA on 12/1/2006 but did not DV back to me. I just sent another letter to CA and will go through another CRA dispute cycle.

-It is being reported as medical debt, but it is a information technology company so it can't be.

-I think the CA may have violated the FDCPA by validating the debt with the CRA without responding to my DV.

Case 2:

-I have been aware of this and it has been on my credit report since 2001. I have a letter from OC saying that the debt was misreported and should not be on my credit report. CA has refused to take it off.

-I DVd via certified mail to the CA on 11/1/2006 and enclosed a copy of the letter from the OC saying debt not to be reported. I had sent it to CA a few years ago but didn't know to do certified mail, etc. I also disputed with CRAs 11/5/2006 and CA validated debt to CRA on 12/10/2006 but did not DV back to me. I just sent another letter to CA and will go through another CRA dispute cycle.

-It is being reported as medical debt.

-I think the CA may have violated the FDCPA by validating the debt with the CRA without responding to my DV and by willfully validating the debt even when I sent them proof from the OC that is being reported in error.

I live in San Diego, CA and would sue them in San Diego small claims court.

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OK - I filed in CA small claims on the promising one. Thanks for the advice.

Getting damages would be nice, but my main goal is to get the derog off my credit report.

What do I have to get the judge to say/do to do this?

How does the judgement get converted into removal of the derogatory item from my credit report?

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How does the judgment get converted into removal of the derogatory item from my credit report?

I don't know if injunctive relief is available under the FCRA (pretty sure it's not under the FDCPA). If it is available, you basically ask the judge to issue a restraining order telling them to no longer report the account as part of the judgment.

If it's not available you could either

a) Settle your claims with the CA and include their agreement to delete and never report the account again

B) If they don't settle and lose the case, dispute it again with the CRAs and sue them again. :D

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I don't know if injunctive relief is available under the FCRA (pretty sure it's not under the FDCPA). If it is available, you basically ask the judge to issue a restraining order telling them to no longer report the account as part of the judgment.

My head hurts too much to look at the federal right now, but California 1785.31(3)(B) says:

" (B) Injunctive relief shall be available to any consumer aggrieved

by a violation or a threatened violation of this title whether or

not the consumer seeks any other remedy under this section."

ETA: I believe injuntive relief is available in small claims in California (it's not in all states), but I can't find it right now.

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