How to articulate damages for being homeless

[Squishypancho]

I sued one of the JDBs in small claims and asked for statutory penalties per all three laws applicable in my state as well as punitive damages per the FCRA. Since then the case was removed to federal court. I'm going to ask for more punitive damages, but was wondering how I can articulate damages for having been homeless for about 3 weeks as a result of the innacurate information reported by the JDB, since all 3 credit laws applicable in my state allow for actual damages as well. I can think of lost wages as well as higher rent costs due to having to stay longer in a more expensive apt, but these wont amount too much. Is it assumed that punitive damages cover the pshycological and emotional devastation of a homeless experience or is it possible to articulate these aspects of the experience under actual damages?

This can be crucial because the FCRA allows for punitive damages for willful noncompliance only, but all three laws applicable in my state allow for actual damages under any circumstances.

[Coltfan1972]

Statutory, actual and punitive are all different.

Statutory is obviously the easiest because you don't have to prove damages at all, other than basically they violated the law and that triggers damages.

Actual would be your emotional distress or psychological damage. It would be the difference in the rates you paid or if you were denied something the cost of you being denied whatever it was.

Punitive damages punish and usually are measured around what the actual damages are. In other words if you have 1K stat, 5K emotional, you won't get ten million punitive.

However, good luck proving actual damages based on what you just posted. I won't go into great detail because when I do the response is always, yeah but and then just repeating the story and just changing up the way it's argued.

You have to prove your actual damages with no hearsay. That means no documents, no letters, no I got denied on Tuesday and on Wednesday I was approved but at five percent more. You have to have live testimony to establish you were denied specifically for what was on your credit report, that caused you damages, what the damages were, and whoever was reporting was the promixate cause of those damages.

[usagi555]

Statutory, actual and punitive are all different.

Statutory is obviously the easiest because you don't have to prove damages at all, other than basically they violated the law and that triggers damages.

Actual would be your emotional distress or psychological damage. It would be the difference in the rates you paid or if you were denied something the cost of you being denied whatever it was.

Punitive damages punish and usually are measured around what the actual damages are. In other words if you have 1K stat, 5K emotional, you won't get ten million punitive.

However, good luck proving actual damages based on what you just posted. I won't go into great detail because when I do the response is always, yeah but and then just repeating the story and just changing up the way it's argued.

You have to prove your actual damages with no hearsay. That means no documents, no letters, no I got denied on Tuesday and on Wednesday I was approved but at five percent more. You have to have live testimony to establish you were denied specifically for what was on your credit report, that caused you damages, what the damages were, and whoever was reporting was the promixate cause of those damages.

And having live testimony can be expensive.

[Squishypancho]

Thanks for the info. I am going to seek representation after filing my second amended complaint and will ask lawyers about the live testimony part. Coltfan1972's response hinted at the answer, but I still remain unclear. Am I supposed to attach a number to it based on the severity of it? Things like lost wages, higher rent can be objectively stated, but emotional damage is very subjective.

Also, something to consider for other people considering suing, housing in the state of CA is a civil right(Gov. Code 12921b). So if a creditor has reported inaccurate info about you and you have been denied housing because of it, that is an infringement of your civil right, which should warrant greater punitive damages for willful violation of the FCRA.

[dwalt2400]

Do you journal? or keep a diary? maybe you can show how you lost sleep and so on... but I think that I wouldnt want anyone having access to my journal.

Maybe I would have a journal specifically for my emotional dealings with JDB. Cus the other one is off limits.

I would think that if you have had to go to counseling you could get your therapist or doc to write a report/letter with a synapsis of your decline. Or you could do the report and have them sign it? Dont think that is as accurate though. Medical tesitmony is pricey.

My doc charged 85.00 just to fill out a disability form for the School loan people when they offered to wipe out all my college debts and my parent loan. I gladly paid it and did all the leg work. He was a real pain in following thru and it took amonth to get it back. AND he did it wrong. Just something to consider.

I am hesitant to let any court or attorney get close to my records, but with the HIPPA laws, you can have some control over what is given out. I just dont know if they will depose your doc.

[usagi555]

You have to prove A) Injury, which sounds like it will be easy. . Causality: That JDB 'n crew caused that injury and C) Redressability: That the court can "make you whole" again. The causality will be the hardest given what you have described.