3 ms·

But then you would have to show $1000 of actual personal damage, which I doubt few if any can, unless you're thinking Equifax will just settle these one after a

But then you would have to show $1000 of actual personal damage, which I doubt few if any can, unless you're thinking Equifax will just settle these one after another. But they're just as capable of multiplying out how many of these will have to happen before the losses devastate them like you just did and at some point will actually show up and make you prove your case.

deleted 9y ago
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dbatten 9y ago
This is the genius of small-claims court. Equifax has to either send a representative (which would cost them more than $1000), or they lose by default. You don't actually have to prove anything.
- scolson 9y ago
  It really isn't genius at all. At least in my state, either party can object to the small claims status by simply sending a letter. Then it moves over to normal court with normal lawyers. Already you are out the small claims filing fee (yes, you have to pay the court to even bring a small claims case). Once in normal court, you would need to hire a lawyer, and they would just find some local representation. At this point, you would probably withdraw the case because it isn't worth that investment. But suppose you kept going. Their local council is going to proxy their attempts to change venue to where they are located. Unless you had a really compelling argument, they would probably win the change of venue. Now you need to find another lawyer somewhere else, and it is probably an expensive locale like New York or LA where they have a firm on retainer. Still want to push the case? Me neither. By all means, try the small claims route. But don't think for one second that it is a slam dunk.
  - dzdt 9y ago
    That is an incredibly pro-corporate anti-individual jurisdiction. Where is this?
    - scolson 9y ago
      I didn't think my state was that unique, so I did a bit of searching and found some interesting gotchas in a few different states: Alabama: Must file in municipality where the other party (defendant) resides Alaska: Easy to move to regular court Arizona: Easy to move to regular court Delaware: Cannot be used for punitive damages (basically this) Indiana: Easy to move to regular court (If I am reading it right) Michigan: Easy to move to regular court New York: Must file in municipality where the other party (defendant) resides Oregon: Basically must file in municipality where the other party (defendant) resides. Easy to move to regular court
Zigurd 9y ago
You would have to do that if the case were actually litigated. The cost to Equifax to defend the case would be, at the very least, several hundred dollars, thousands, more likely.

deleted 9y ago

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dbatten 9y ago

This is the genius of small-claims court. Equifax has to either send a representative (which would cost them more than $1000), or they lose by default. You don't actually have to prove anything.

scolson 9y ago
It really isn't genius at all. At least in my state, either party can object to the small claims status by simply sending a letter. Then it moves over to normal court with normal lawyers. Already you are out the small claims filing fee (yes, you have to pay the court to even bring a small claims case). Once in normal court, you would need to hire a lawyer, and they would just find some local representation. At this point, you would probably withdraw the case because it isn't worth that investment. But suppose you kept going. Their local council is going to proxy their attempts to change venue to where they are located. Unless you had a really compelling argument, they would probably win the change of venue. Now you need to find another lawyer somewhere else, and it is probably an expensive locale like New York or LA where they have a firm on retainer. Still want to push the case? Me neither. By all means, try the small claims route. But don't think for one second that it is a slam dunk.
- dzdt 9y ago
  That is an incredibly pro-corporate anti-individual jurisdiction. Where is this?
  - scolson 9y ago
    I didn't think my state was that unique, so I did a bit of searching and found some interesting gotchas in a few different states: Alabama: Must file in municipality where the other party (defendant) resides Alaska: Easy to move to regular court Arizona: Easy to move to regular court Delaware: Cannot be used for punitive damages (basically this) Indiana: Easy to move to regular court (If I am reading it right) Michigan: Easy to move to regular court New York: Must file in municipality where the other party (defendant) resides Oregon: Basically must file in municipality where the other party (defendant) resides. Easy to move to regular court

Zigurd 9y ago

You would have to do that if the case were actually litigated. The cost to Equifax to defend the case would be, at the very least, several hundred dollars, thousands, more likely.