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Re: Complaint to AG consumer affairs or lawsuit?


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Posted by lucy (199.182.118.199) on August 09, 2002 at 22:37:06:

In Reply to: Re: Complaint to AG consumer affairs or lawsuit? posted by Mikala on August 09, 2002 at 14:23:20:

Regarding filing in small claims court, check with your local court to find out:

1 -- How much you can sue for. This tends to vary state by state at least. I don't know if the amount can vary from county to county inside a state.

You may need to file suit in superior or federal court to collect more than the small claims limit. Or, alternatively, you might have to file more than one action. Get advice per point 2 before you do that, too many lawsuits and your CA might take a stab at countersuit for harrassment or frivolous suit.

2 -- But even if the limit is what you are aiming to collect, if you file a suit in small claims court, you will need to ask the court and other local sources where you can get pro bono (free) or competent low-cost legal advice.

Neither party to a small claim can have an attorney present in court, and yet both parties are expected to observe quite a number of legal protocols you'll never see on TV or in a movie. (And why not? Well, sit a day in small claims court. Find a similar case to your own on the docket, if you can. If you last the day without falling asleep, I'll buy you lunch.)

A lot depends on having forms filled out properly. The CA may be a veteran of many suits, or be chewing nails with the first to actually get served, but what matters is that the CA can afford to pay for legal advice and we folks in credit hell are in an entirely different situation.

Don't let that discourage you.

There are plenty of resources for reading -- online, in books, and most importantly in legal libraries (no they are not just for lawyers and law students).

And nearly every community has living, breathing resources to help prepare you for small claims court.

Regarding filing with the other agencies, especially the AG's office, don't expect the AG to try your case for you.

When and if enough viable complaints are filed with the AG, the FTC, etc., they will make their own case. That can take years, but results can be pretty spectacular.

So get competent legal advise regarding traps your opponent may want to build into the settlement or final ruling that might bar you from participation in such a case.

If you have prepared your legal case carefully enough some amazing things can happen when you start consulting pro bono legal sources. Some of those guys work for powerhouse law firms that do pro bono work as a community service. I have never known a debtor/collection suit to be picked up by a large firm this way.

But there's a first time for everything. You could luck out. The CA you are suing might have called the lawyer who is assisting you, demanding that he take a message for his neighbor. You just never know.

I forget, which CA is causing you grief?





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