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Hiddencreditrepairsecrets.com
            Presents

Suing Collection Agencies and Credit
 Bureaus - Questions and Answers
Let's face it, we all try to avoid going to
 court due to the time required and the
 expense. However, sometime we have
  no other choice but to use the court
     system to get the big bad Credit
  bureaus and Collection agencies to
 follow the law. When these companies
  violate your rights, you have to fight
  back by taking them to small claims
   court. In this article, I will discuss
  some of the questions, and answers
    posed to me about suing in small
               claims court.
Suing collection agencies and credit
  bureaus questions and answers
What is small claims cour t?

    It's an informal, inexpensive procedure to
 handle a claim. In this cour t, the plaintif f (you)
and the defendant (the credit bureau, collection
 agency, or creditor) argue a cause of action in
  front of a judge that can produce a monetary
award in between $100 to $10,000 depending on
                  the state court.
The benefits to filing in small claims court
               are as follows:

  * You don't need an attorney
  * The case is short
  * You represent yourself
  * You don't need any legal training
  * There is a small amount of paperwork
involved
  * Rules of the court are simple
What are the powers of the court?

 In the small claims, the judge can award claims
 for money such as out of pocket losses directly
   related to the subject matter of the suit. For
   example, you can be awarded the cost of the
suit. These include the filing fees, sherif f's fees,
 and witness fees. The judge can also order the
defendant to pay punitive damages if he violated
a state or federal statue, and it allows damages.
The judge, however, cannot issue out rulings on
 specific performance (making someone comply
    with a contract clause) or injunction relief
      (stopping something from happening).
What is a cour t of Equity?

     These courts have the power to order a
company to complete a specific performance. If
you are trying to get an item removed from your
credit report, and you sue the credit bureau in a
   court of equity, you have a good chance of
  getting it removed. The reason for this is the
 credit bureau/creditor/collection agency won't
show up, and you get a default judgment. Now, if
you are suing for monetary damages, the bureau
   may file a motion to have the case moved to
 Federal court. In this case, you would have to
  hire an attorney. Before filing your claim, ask
   the clerk of court if the court is a court of
                      equity.
What type of cases can be heard?

Any type of case involving a small amount of
money can be heard. The courts have limits
 on how much you can sue for, and if your
  claim is over that limit, you must hire a
      lawyer and sue in higher courts.
Who can I sue?

    Any person or business that currently
   resides, works, or does business in your
 state. You must, however, be able to provide
  a current address (not a P.O. BOX) for the
defendant. Talk with the clerk of the court to
 make sure that the defendant's address is in
the right district. Moreover, you want to make
    sure you have the bureau or collectors
  correct name to avoid the case from being
      dismissed based on a technicality.
If you are ready to say goodbye to
 credit rejection and debt collectors,
 visit hiddencreditrepairsecrets.com
and sign up for the Free 8-Day E-Credit
  Repair Course, and claim your Free
 Gift-60 minute Podcast on Rebuilding
              Your Credit


Hiddencreditrepairsecrets.c
            om

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Suing collection agencies and credit bureaus questions and answers

  • 1. Hiddencreditrepairsecrets.com Presents Suing Collection Agencies and Credit Bureaus - Questions and Answers
  • 2. Let's face it, we all try to avoid going to court due to the time required and the expense. However, sometime we have no other choice but to use the court system to get the big bad Credit bureaus and Collection agencies to follow the law. When these companies violate your rights, you have to fight back by taking them to small claims court. In this article, I will discuss some of the questions, and answers posed to me about suing in small claims court.
  • 3. Suing collection agencies and credit bureaus questions and answers
  • 4. What is small claims cour t? It's an informal, inexpensive procedure to handle a claim. In this cour t, the plaintif f (you) and the defendant (the credit bureau, collection agency, or creditor) argue a cause of action in front of a judge that can produce a monetary award in between $100 to $10,000 depending on the state court.
  • 5. The benefits to filing in small claims court are as follows: * You don't need an attorney * The case is short * You represent yourself * You don't need any legal training * There is a small amount of paperwork involved * Rules of the court are simple
  • 6. What are the powers of the court? In the small claims, the judge can award claims for money such as out of pocket losses directly related to the subject matter of the suit. For example, you can be awarded the cost of the suit. These include the filing fees, sherif f's fees, and witness fees. The judge can also order the defendant to pay punitive damages if he violated a state or federal statue, and it allows damages. The judge, however, cannot issue out rulings on specific performance (making someone comply with a contract clause) or injunction relief (stopping something from happening).
  • 7. What is a cour t of Equity? These courts have the power to order a company to complete a specific performance. If you are trying to get an item removed from your credit report, and you sue the credit bureau in a court of equity, you have a good chance of getting it removed. The reason for this is the credit bureau/creditor/collection agency won't show up, and you get a default judgment. Now, if you are suing for monetary damages, the bureau may file a motion to have the case moved to Federal court. In this case, you would have to hire an attorney. Before filing your claim, ask the clerk of court if the court is a court of equity.
  • 8. What type of cases can be heard? Any type of case involving a small amount of money can be heard. The courts have limits on how much you can sue for, and if your claim is over that limit, you must hire a lawyer and sue in higher courts.
  • 9. Who can I sue? Any person or business that currently resides, works, or does business in your state. You must, however, be able to provide a current address (not a P.O. BOX) for the defendant. Talk with the clerk of the court to make sure that the defendant's address is in the right district. Moreover, you want to make sure you have the bureau or collectors correct name to avoid the case from being dismissed based on a technicality.
  • 10. If you are ready to say goodbye to credit rejection and debt collectors, visit hiddencreditrepairsecrets.com and sign up for the Free 8-Day E-Credit Repair Course, and claim your Free Gift-60 minute Podcast on Rebuilding Your Credit Hiddencreditrepairsecrets.c om