baldman Posted March 7, 2007 Report Share Posted March 7, 2007 I recently heard of a new credit repair technique where all creditors are named in a small claims court lawsuit and asked to appear before your own local small claims court judge. The theory behind this is that when notifying them of the action you letter must include the fact that you are not filing for any monetary judgement at all. When they see this they decide that since no money is at stake then they dont bother. You show up and get the judgement against them and send in the court documents to have your file immeaditley updated and get your credit cleaned up fast. My question to you pros is is there any truth to this and has anyone heard of it that wouldnt mind offering more? Link to comment Share on other sites More sharing options...
trhonda2000 Posted March 7, 2007 Report Share Posted March 7, 2007 Wow'sers!!!I never thought of this. I am fairly curious of this as well... Link to comment Share on other sites More sharing options...
baldman Posted March 7, 2007 Author Report Share Posted March 7, 2007 I just wnat to find out if there is any validity to this. I seems as if you could take all your creditors and just get them all taken off of your report simply because they wont bother to show up. If that is true and anyone has any experience with this mabye some form letters or list of procedures in laymans terms could help a lot of people here. I am not a lawyer so if you could, explain it to me like you would a seven year old. Link to comment Share on other sites More sharing options...
divemedic Posted March 7, 2007 Report Share Posted March 7, 2007 Small claims cannot issue injunctive relief. Link to comment Share on other sites More sharing options...
the aussie Posted March 7, 2007 Report Share Posted March 7, 2007 Small claims cannot issue injunctive relief.Exactly........ Link to comment Share on other sites More sharing options...
trhonda2000 Posted March 7, 2007 Report Share Posted March 7, 2007 Is it possible to for instance take it through small claims that you have no knowledge of the debt, and if you win the judgement, send a copy to the CRA's for removal from record? Link to comment Share on other sites More sharing options...
divemedic Posted March 7, 2007 Report Share Posted March 7, 2007 What cause of action? Link to comment Share on other sites More sharing options...
montanatim Posted March 7, 2007 Report Share Posted March 7, 2007 Unless you are suing for damages under FDCPA what are your damages? Small claims deals with money. In this scenario that has been hypothesized, you are asking the court to make them do something(specific performance). Unless the relief you seek is monetary small claims can't do it. Interesting idea for district court though, ask for validation and if they can't, seek C&D order with removal of all previous reportings by that entity. Link to comment Share on other sites More sharing options...
baldman Posted March 8, 2007 Author Report Share Posted March 8, 2007 Thanks for the response so far, here is what I was told:1) send a letter to each of the creditors saying that you have tried to correct incorrect information regarding their account2) The letter should state that you are not seeking monetary damages. Once their legal department sees that there is no money at stake they probably wont respond because there is nothing to be gained. Or, if a dollar amount is required I guess you could say something minimal like $1. 3) File in the small claims court in your area for all creditors to appear at the same time.4) ASSUMING they dont show up you win a judgement 5) Mail the judgement letter to the credit bureaus and demand that they update the file and vacate the judgementAny way this could work? Link to comment Share on other sites More sharing options...
divemedic Posted March 8, 2007 Report Share Posted March 8, 2007 No. Small claims cannot issue injunctive relief. Whoever told you this would work does not know what he or she is talking about.You also run the risk of the creditor showing up and demanding attorney's fees. Link to comment Share on other sites More sharing options...
divemedic Posted March 8, 2007 Report Share Posted March 8, 2007 This thread is also found here: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=744989#post744989I am locking this one as well as the other one on this same subject. Link to comment Share on other sites More sharing options...
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