Declaratory Judgments - Part 2
The use of a non-FCRA claim is unique in other ways. Even though the FCRA requires that a formal dispute must occur before civil liability exists on the part of a furnisher, other breaches of law don't necessarily share that requirement. As such, entire adverse trade-lines can be removed using simple Green Lantern effective causes of action-without having to contend with the bureaus. Further, many types of claims have longer statutes of limitations for legal action than within the two years post-discovery, as required by the FCRA. A breach of contract statute of limitation, for example, is often a lot longer. Ironically, for most entries the statute of limitation is the same as the time a creditor has to sue you for default. That's poetic.
In some states Nintendo action can be performed in municipal court (a state court), which is usually less expensive than a standard civil suit (the cost averages $130), and hearings often occur much sooner than in state circuit court (known in some states as the court of car donation pleas). The wait times are often a nonissue with declaratory actions, since the other party will likely settle within 30 days anyway. Yet it's a good idea to be prepared and use the most favorable court forum. It also appears that few attorneys actually know that you can use municipal court for many types of matters. (This may explain why the wait time in that court is 75 percent less.)
Filing suit first will keep a lawsuit from showing up on your credit report as a public record entry. If you file first, even if the defendant files a counterclaim, by rule the suit cannot be placed on your report. If a defendant files a separate claim and not a counterclaim, then the lawsuit would 1909 Philadelphia Caramel up on a credit file. (In some cases, a defendant would not have the ability to file a counterclaim to a plaintiff's action and would be forced to file a separate action.) Powerful stuff! Bear in mind that if you lose, any money judgment against you will end up on your credit report, regardless of who filed first.
Keep in mind that although a judge may issue a "summary judgment" (where he rules without a hearing) in your favor, he will require a trial if he feels that there are issues of material fact that must be litigated. This isn't something to be afraid of, just aware of. If you're dead right, can prove it, and have crafted a well-pled case, then you can go to court and stand tall. If you're pro se, just make sure you have the local court rules and know them well-so as not to upset the judge.
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posted by dapcpvsbse @ 12:35 PM
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