After suffering from a poor credit report for years, Mark Clayborne went on a mission to study everything he could on restoring his credit. Concluding the extensive research, he repaired his credit report and learned various hidden secrets on how to improve a bad credit file. Because of this new found tested knowledge, Mr. Clayborne helped over a hundred consumers repair their credit and take their financial life back. Now, he wants to share these strategies with the world and as a result HIDDEN CREDIT REPAIR SECRETS was created which has sold over 1000 copies as of today. Mark is a certified credit consultant with over 100 articles written in the area of credit repair and a successful radio show titled “Who Else Wants Better Credit”, which is aired on Blog Talk Radio every Tuesday & Thursday at 7:30PM-PST. Mark educates his customers through articles, videos, his blog and various credit repair kits. He graduated from Virginia Commonwealth University with a Bachelor's Degree in Criminal Justice. He also holds a paralegal diploma. He currently lives in sunny California with a beautiful wife and lovely daughter.
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.
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
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