No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
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.
Viergo,
The Court and Irs reporting in California
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.
Update Update??
Maybe you didn't win and you don't feel like shareing?
@Anonymous 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/1309501