Legal Question in Credit and Debt Law in North Carolina
My rights under Fair Credit Reporting Act.
I want to sue for correction and damages of less than $10,000.
What type of case and in what department should I file.
Is small claims available for this type of law suit?
1 Answer from Attorneys
Whoa. Before you can sue, you must first have tried to dispute the error with the credit bureaus and with the creditor. If you have done that and you have a clear violation, you can sue for either actual damages or UP TO $1,000 per violation. That does not mean you will get $1000. Small claims handles actions of up to $10,000 so you can probably sue in small claims if your damages do not exceed this amount. But why would you want to? Lawyers can get their counsel fees paid if a violation is established.
I suggest that you find an attorney in your area who handles FCRA/FDCPA types of claims and talk to him or her before you go off filing suit to make sure that you have complied with the prerequisites. .