Legal Question in Consumer Law in California

Re: Breach of Contract

How and where you would sue the "credit repair firm," would depend on a number of factors.

First, you will probably be suing to recover the amount of money you paid them "up front" (or your monetary damages), as opposed to making them "comply" with the contract. It is unlikely that a court would order the firm to "comply" with their obligations under the contract.

Next, the amount of damages you seek will determine the court you sue in. If your damages are $5,000.00 or less, you will want to file a small claims court suit. If the amount is over $5,000.00, but less than $25,000.00, you will want to sue in Superior Court, but with limited jurisdiction. If your damages exceed $25,000.00, you will sue in Superior Court, with unlimited jurisdiction.

Next, the location of the court will depend upon: (i) where the contract was entered into; or (ii) where the contract was to be performed: or (iii) where the defendant (the credit repair firm) "resides."

Your question about "how" to sue this firm is difficult to answer. It depends upon what court you plan on bringing your lawsuit in. Generally, to begin a lawsuit, you need to file a complaint, have a summons issued, and then have those documents served on the defendant. In small claims cases, that is basically all that is done. However, in cases filed in Superior Court, what happens after that could (and does) fill volumes of books on the subject.

Your best course of action would be to take all of the documents you have to an attorney in your area and ask that they be reviewed. The attorney can then better advise you of what your options are.