BTO429 Posted April 13, 2008 Report Share Posted April 13, 2008 I am going to sue a ca for filing an affidavit of non military status while I was i Iraq. My arguments are the fact that the SSCRA says that this affidavit has to be backed up by facts not just entered because they can.I am also thinking of suing for financial injury because the mislead the court by filing the affidavit.My main question is whether to do this in small claims court or a higher court. The most you can sue for in Indiana small claims is 3000 dollars. I think that what they have done is worth more than 3 grand but will a higher court hear this suit. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted April 13, 2008 Report Share Posted April 13, 2008 I would think is a relatively slam-dunk for an attorney - may want to find one on naca.net. I would also venture to think such a case might be taken on a contingency basis. Link to comment Share on other sites More sharing options...
TTigggers Posted April 13, 2008 Report Share Posted April 13, 2008 I agree. Try to play the sympathy card as well."Gee while I was at war fighting for our country and freedom these scum suckers Illegally filed and received a judgement against me which has been detrimental to me obtaining any positive credit"You get the gist. Link to comment Share on other sites More sharing options...
BTO429 Posted April 13, 2008 Author Report Share Posted April 13, 2008 Oh yea thats my plan. I dot think I will have a lot of trouble with this. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted April 13, 2008 Report Share Posted April 13, 2008 if you want (or think you can prove) more than 3K, I'd bump it up to State court. Tack on everything you can think of - fraud with the court is not looked upon by the court too highly, I'd think. Does your state allow PUNITIVE damages for such? If so, Get yourself a NACA attorney working on contingency and pound them into the ground, as they'd have to pay for your attorney if you win.Goodluck Gunny! Link to comment Share on other sites More sharing options...
TTigggers Posted April 13, 2008 Report Share Posted April 13, 2008 I will like to see the outcome of this.What a rat B_stard thing to do to a serviceman. Link to comment Share on other sites More sharing options...
Moriah4 Posted April 13, 2008 Report Share Posted April 13, 2008 I agree and Thanks for serving our Country!Blessings Moriah Link to comment Share on other sites More sharing options...
BTO429 Posted April 13, 2008 Author Report Share Posted April 13, 2008 As far as I know my allows punitive damages. I really think I can get more than 3 grand out of this.I am thinking about suing for financial injury, defamation, perjury, willful injury,FCRA and FDCPA violations, not to mention the fast that they violated the SSCRA.With the way this country sees veterans right now I think I can win this. Link to comment Share on other sites More sharing options...
TTigggers Posted April 13, 2008 Report Share Posted April 13, 2008 Well it should be a slam dunk.Just make sure you have everything in order before you file.Have you found a NACA lawyer yet? Link to comment Share on other sites More sharing options...
BTO429 Posted April 14, 2008 Author Report Share Posted April 14, 2008 No. gonna check into naca tomorrow. Link to comment Share on other sites More sharing options...
BTO429 Posted April 15, 2008 Author Report Share Posted April 15, 2008 After talking with a couple lawyer from naca I guess I will have to drop this idea.They both say since t was originally filed in 2005 it has been to long to take any action on it. They said that the affidavit of non military status does not have to be baked up by facts and that a ca only needs to believe that a person is not in the military.But the sscra says it has to be backed up by facts, so who is right. Well another dead end. The laws are not designed for the everyday consumer they are there for the people with money.I guess I end up paying for things that my sons mother, my ex, creates and never pays. I always end up paying for her carelessness. Thats Indiana for a, if yer a guy in this state you are guilty. Link to comment Share on other sites More sharing options...
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