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Frequent Contributor
virgo
Posts: 439
Registered: ‎11-26-2011
0

Re: Taking Experian to Small Claims

Hello Walt_K,

 

The reason discovery is frowned upon in small claims is because it is a pre-trial phase. i.e. interrogatories, motions, orders on motions subpoenas up the wazoo.

 

There is no pre-trial anything in small claims cases. A judge will tolerate discovery motions but it is a bit of overkill. Discovery is for municiple proceedings where attorneys can earn hours by filing unnecessary motions.

 

Small claims is like fast food drive-up. Someone gets summoned; the parties show up; you give your side and the judge makes a ruling. The only pre anything is when you fill out the small claims packet one of the questions is 'Did you make a demand for restitution from the defendant?'. 

 

Which is why I do not have a problem with sharing on this forum. Everything I have said is basically what I said to Experian in my demand letter.

 

The only issue I may run into is venue. Since I was in no mood to file at there coroprate office in Costa Mesa, I filed in my county and my position was that they actively procured my public record from my county which satisfies the prerequsite of why I filed where I did. i.e. Grabbing my public record from my county means they have conducted business here.

 

Sorry for the delay in responding to you I was working.

 

 

Valued Contributor
AndySoCal
Posts: 1,950
Registered: ‎04-07-2009
0

Re: Taking Experian to Small Claims

Viergo,

 

The Court and Irs reporting in California

Equifax My FICO score 815 5/28/2012, 818 on 7/28/2014 . Average of Accounts 12 years and no Installment accounts. MyFICO TU 810 6/26/2012 809 4/21/2013 MyFICO XPN -805. 2/26/2014 Discover TU FICO 813 App free since 9/2011
Frequent Contributor
virgo
Posts: 439
Registered: ‎11-26-2011
0

Re: Taking Experian to Small Claims

Hi Andysocal,

Because I am in California and was fighting a lien. I spoke with the lien department with the IRS.

The IRS has never reported to the cb's. I also call the county recorder and several courts.

It is as it always was; the cb's hire vendors.

It makes sense, really. The IRS doesn't need any help collecting, they'll just suede your assets.

That's why my argument is among other things, "why are they permitte
d to put someone else's account (IRS) on my report?" and if they are, they should be bound by they laws of 'furnishers of information'.

Is this what you were asking?

Virgo
Established Contributor
casmith1980
Posts: 638
Registered: ‎03-20-2010
0

Re: Taking Experian to Small Claims

I am replying to this so I can follow it. I hope the best for you!!!!!!!!
Filed BK 12/5/14
341 meeting 1/9/15
Anticipated discharge 3/10/15

Goal: 700 by 3/17
Valued Member
Jstic
Posts: 43
Registered: ‎01-28-2009
0

Re: Taking Experian to Small Claims

virgo, I admire your conviction. I am a bit confused as to what you are asking the small claims court to do. I bring this up because if you are asking for more than monetary damages or property issues, you may be out of the jurisdiction of the small claims court. I don't live in CA and am not familiar with their court rules, but I do know that in many states small claims courts only deal with small monetary claims, usually less than $5k, and some minor property issues. If you are looking for some kind of an injuction forcing Experian to discontinue this policy, you may be in the wrong court. Often times small claims courts are overseen by magistrates or other mediators who are really not judges in an official capacity. If you are seeking only monetary damages, or to use the outcome of this case as a starting point for future litigation, then it is a moot point.

 

 

I don't say any of this to dissuade you, only to prepare you for what may happen. Often times a small claims case will be bumped to superior court due to court rules. Also, the defendant(s) can ask for the case to be adjudicated in a higher court as well. Defendants with money who are represented by an attorney will sometimes do this to discourage 'pro se' plaintiffs from continuing, knowing that higher courts generally require some level of legal experience. Good luck and keep us posted.

Frequent Contributor
virgo
Posts: 439
Registered: ‎11-26-2011
0

Re: Taking Experian to Small Claims

Hello Jstic,

In California any matter can be heard in a small case court. You are right in that there must be a monetary value.

What I am going after are the FCRA violation fines. Small claims max. In Ca is 10,000.00.

You are right again when you say small claims cannot force the cb's to do anything. When I said I want to make it so cost prohibitive that they stop the practice of trolling courthouses I am referring to, if I prove my position, and the cb's see that others may follow me into small claims, that they may stop.

You are right again that it is usually a Commissioner or a pro-tem that hears a small claims matter and that either party can request a judge but it still remains a small case claim. The only way it will get bumped to a higher court jurisdiction is if they lose and appeal.

Again, they would have to decide what would be cheaper for them to do.

Other violations aside, if the court agrees with my position that if the cb's want to place this info on credit reports, which by definition wound make them 'furnishers of Information' they should be bound by the same laws that the oc and ca'smust abide by.

I hope I made sense. I tend to be long winded.
Contributor
GoingTo800
Posts: 91
Registered: ‎01-24-2012
0

Re: Taking Experian to Small Claims

Update?
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Frequent Contributor
BigDaddy18
Posts: 673
Registered: ‎04-23-2009
0

Re: Taking Experian to Small Claims

Update Update??

 

Maybe you didn't win and you don't feel like shareing?


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Senior Contributor
Walt_K
Posts: 3,065
Registered: ‎11-02-2009
0

Re: Taking Experian to Small Claims


BigDaddy18 wrote:

Update Update??

 

Maybe you didn't win and you don't feel like shareing?



Don't understand the unnecessary attitude in your post.  OP posted an update here. http://ficoforums.myfico.com/t5/General-Credit-Topics/Taking-Experian-to-Small-Claims-Update/td-p/13...


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