In the first article, I disclosed five answers to common questions posed to me about small claims court. In this article, I will discuss eight things you need to know before seeking the legal route against the big bad agencies.
Suing collection agencies and credit bureaus questions and answers
How can I find my court?
In every county, there are small claims courts. You can look in the yellow pages, call the local operator, or do a search on the Internet for the court in your county. Once you locate the court, talk with the clerk to make sure you have the right court.
Do I need a lawyer?
In most courts, attorneys are not allowed, so you won’t need a lawyer. However, you should still seek legal advice if you plan on going to suing the credit bureau or a collection agency. When talking with a lawyer, ask questions about the procedures, the law, counter claims, evidence, your defenses and the possible outcome.
Suing collection agencies and credit bureaus questions and answers
Where can I find an attorney?
- You can go to legal clinics put on by law schools
- Go to your local legal aid office
- Go to the clerk of the court (only for small claims procedures)
- Look through the yellow pages or legal newspapers
- Consult a bar association referral service
- Check a local law library
- Check out Pre Paid Legal
Once you have selected a lawyer, have him or her review your argument and facts. If you are suing for an amount higher than the small claims court limit, you will need an attorney that will work on a contingency bases, meaning he will not charge you up front but will take a percentage from your award if you win the case.
Can I collect attorney fees in small claims court?
Some states allow you to collect attorney fees and others do not. Talk with counsel or check with your court on this matter.
Suing collection agencies and credit bureaus questions and answers
Can I sue in court under the federal law?
Yes, if your state does not have a law that regulates the credit bureaus. Be aware that the bureau may try to get the lawsuit moved to Federal Court since it’s a Federal law that you are suing them under. If this happens, you will need to hire an attorney.
What is the statute of limitation for filing a lawsuit?
The statute is two years from the date of the violation for the credit bureau and one year for the collection agency, so make sure you file your claim before the statute expires.
Suing collection agencies and credit bureaus questions and answers
Do I have a case?
First, check with your local attorney general's office and the office of consumer affairs to see whether your state has credit reporting laws that you can sue under. If the state does not have any laws, you can look through your records to see if the bureau has violated Federal law.
How will I prove my case?
You can prove your case by showing the judge that the credit bureau or the collection agency has willfully violated the law by failing to comply with the statutes. To support your case, you will need the evidence you’ve gathered. Evidence may be wide-ranging, including letters to and from the bureaus, recordings, certified return receipts, witnesses, even notes taken in a journal regarding conversations held with the collectors or bureau. You can also use other court cases to support your argument.
As you can see, there are more things you need to consider before you begin your lawsuit. Consider the eight tips in this article before you take the agencies to court. Now that you are empowered with more information, go out there and take action.
No comments:
Post a Comment