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Circuit Court vs. Small Claims


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I have a total claim for $24000 against an OC and CRAs. This amount requires filing in Circuit Court. If I go the Small Claims route I think the total limit is $5000.

Filing fees are about the same, but I'm worried that in Circuit Court I don't have the protection of being a non-lawyer with sympathetic judges and the defendant's counsel might "have their way with me," including but not limited to re-filing in another court venue.

True, or am I being paranoid?

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Is it $1000 per infraction? Federated Department Stores (Macy's) has me down for 12 derogatory accounts, 8 reported by Experian and 4 by Equifax. That's where I got $24000. $12000 against Macy's, $8000 against Experian and $4000 against Equifax.

We never, ever had more than one account -- I think there could be some internally-focused accounting gyrations by Macy's and they spewed forth a whole slew of account numbers. Guess I wouldn't have a problem (or a case) with one account, properly reported.

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Interesting thought. Guess I could, or at the very least, hire one to go with me to Circuit Court. Oddly enough, I kind of like law and court -- if it's for my own (or family's) good. Rogue crusader sort of thing. And I like the intellectual research and pursuit. Sadly, one of my best and most trusted resources, my uncle (Michigan Law) passed away last year :sad: so I lost my best advisor. My real ulterior motive is to delete the tradelines, without proceeding to court. But if there's money to be made.....

do you need a Credit Law Specialist?

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If your case consists solely of FCRA violations, your opponent will most likely petition to have the case moved to Federal Court; especially if you are pro se. Having dealt with the Florida court system for many years, I actually prefer circuit civil over small claims. But, in your case, I'd get an attorney and consider fiing federal from the get-go. You're more likely to get a decent settlement that way, I think.

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