SELF-HELP Questionnaire for Small Claims Cases Against Creditors

 If you’re attempting to clean up your credit score and one of your creditors is resisting a request to give you a “deletion” on your credit report, you may find yourself opting to sue them in small claims. Below is a questionnaire and some sample language depending on the answers you may have for said scenarios. Please note this is for general informational purposes, always consult an attorney when you need legal advice applied to your specific needs.
 
1. What is your legal name?

 2. If two of you are suing, what is the second person's legal name?

3. What is your street address and the address for any second person?

 4. If you want mail to go somewhere else what is that address?

 5. What is your work ZIP code and work ZIP code of any co-Plaintiff?

6. What is the name of the company or companies you are suing?

 7. List the names of the companies to which you applied for credit and were declined in the past five years. Give at least the year decline, month and year if possible:

Declined by                               on (date you remember):  
Declined by                               on (date you remember):  
Declined by                               on (date you remember):  
Declined by                               on (date you remember):  

 8. If you got a vehicle loan in the last five years, what was the interest rate?       

 8a. What was the loan amount?      
       
8b. How long was the loan for such as 40 or 60 months? 

8c. Yes or no, do you feel you were harmed by a loan rate that was higher than others you know?

 9. In the past five years were you declined for a home loan and if yes, did this harm you--yes or no?

 9a. When did you apply for the home loan?             

 10. Regarding numbers 8 & 9 above, yes or no--were you "damaged" or "harmed"?
 
11. Did the company/ies you are suing break a contract with you and is that why you are suing-- yes or no?

If yes, you’ll likely want to use some language like

 “They breached a contract to delete an item from my credit report and I’ve suffered damages and/or will suffer damages as a result ” in section 4 of the SC-105.

http://www.courts.ca.gov/documents/sc105.pdf  

11a. If you wrote a check creating the contract that you say was broken, what date did that check clear?

 12. Are two different companies reporting the same debt on your credit--yes or no?

 12a. And is that why you are suing--yes or no?

 If yes, you’ll likely want to use some language like

 “Defendant is credit reporting an account negatively to my credit after selling right to collect to debt buyers. This is TWO pieces of damage to my credit scores for the same debt. It is not accurate or fair thus violating CA Consumer Credit Reporting Agencies Act on both counts required by that law.” in section 4 of the SC-105.
http://www.courts.ca.gov/documents/sc105.pdf
 

 13. Damages are likely speculative in these cases except in rare circumstances, it’s recommended to keep the damages low, remember damages over $10,000.00 take you out of small claims)
     
14. Did you or someone under your authority ask the company/ies you are suing to make the matter/s right and good but they didn't--yes or no?

 If yes, tell your story using form MC-031 and check the box below section 4 of the SC-105 according to instructions.


http://www.courts.ca.gov/documents/mc031.pdf

 16. Are you filing the claim at the courthouse nearest the ZIP code where you live or work, yes or no?

 17. Do you want the court to order that they delete the item from your credit report?

 If yes, you’ll likely want to use some language like

 “I request this Honorable Court order Defendant to delete an item from my credit report ” in section 3 of the SC-105.


http://www.courts.ca.gov/documents/sc105.pdf
 
18. Yes or no.

a) Is your claim about an attorney-client fee dispute?

b) Are you suing a public entity?

c) Have you filed more than 12 other small claims within the last 12 months in California?

 

If you answered yes to any of these questions, small claims may be an inappropriate venue and you absolutely need to speak to an attorney before proceeding.

Want your form reviewed prior to filing or have questions about the process. Retain us for a 30 minute consultation and we’ll be happy to help.