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Suing ChexSystems in Small Claims Court - cr report errors. They hired firm - if I dismiss, can big firm sue me for legal fees?

Cleveland, OH |
Filed under: Credit score

Chexsystem was reporting single bank inquiries 6 times. They did this on other banks. I was denied bank accts. I'm suing them for $2600- Fair Credit Reporting act violations - My case is weak in terms of proof - They're in in MN - hired big local creditor firm - They just asked for a continuance - afraid they will transfer case to higher court and sue me for legal fees - I'm on disability but make enough not to get a free lawyer - I'm concerned they will come after my small savings. I'm going to their lawyer to attempt a settlement - if they don't, I'll probably dismiss. Any proactive startegy to protect myself? Do you think they will come after me for legal fees? Do you think they'll try to move case to higher court? How would you position settlement attempt? Thanks

Attorney Answers 3


  1. Possibly, if the judge finds that your claims were frivolous. Although in small claims court, the risk is relatively low.

    The issue you may have is whether a small claims court has jurisdiction to hear your case in the first place, after all, FCRA is a federal claim, so your states small claim's court may lack what is called subject matter jurisdiction. Meaning, that small claims court may have been the wrong court for you to have brought this lawsuit.

    At this point, you should probably seek at least a consultation with a consumer advocate attorney in your state to clarify your situation and risks.

    If you dismiss, make sure you request dimissal without prejudice so you can preserve your claim.


  2. They could transfer the case to federal court. I assume that Chexsystem is the only defendant, correct? I think the risk of them seeking legal fees is low. Most likely, they would be happy to have the case dismissed, if that is your intent, and both sides walk away. Why do you think your case is weak? If you'd like to discuss in more detail, feel free to contact me. www.dfattorneys.com or 937-306-6402. I'd be happy to discuss your issue.

    John

    The above information is not intended to be legal advice. No attorney-client relationship should be inferred. You should contact an attorney to assist on your specific problem.


  3. There is no downside to asking for free consultation with a seasoned FCRA attorney in Cleveland. We can recommend if you don't have a line on one: 216-241-2510. Attorney fees are recoverable under the FCRA so a good attorney will be able to gauge the strength of your case. Good luck!

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