What is the name of your state (only U.S. law)? Delaware
I have a case in justice of the peace court in Delaware, Del version of small claims.
I am suing a collection agent for fcra violations 1681s-2b duty of furnisher. Without getting into the merits of my case, I have some questions.
I am pro-SE litigant and they have a lawyer. They initially filed a bill of particulars for failing to state a valid claim. I filed a bill of particulars, and trial was scheduled.
I missed the court date due to extraordinary circumstances. There was a tragic death of a police officer, and his funeral was the day of trial. I did not realize all the main roads were closed (I thought they were just backed up). I made it to court 25-30 minutes late, and trial was over.
The judge granted defendants motion to dismiss with prejudice.
I have 2 choices : motion for a new trial, or appeal to court of common pleas.
I am pretty sure the court would grant the motion for new trial (needs to be done within 10 days).
After the I missed the trial, I received a phone call from the defendant's "portfolio manager" asking If I wanted to settle the debt. He said they were scheduled for final disposition (court judgement). The debts are 5 years old, 2 years past statute of limit in Delaware. He repeated that in a second conversation which I taped. Delaware wiretappng statute makes one party taping legal.
I would like to amend the complaint to seek relief for the new violation of fair debt collection (making threat of legal action which they know is beyond statute of limitation)
Questions:
Can I file for motion for new trial and amend the complaint with the new violation? I would like to ask the court to award punitive damages (not sure if jp court can do that.)
If I file appeal, can I amend complaint at the same time?
Can I file motion for new trial and file appeal to court of common pleas if motion is granted I don't want to miss 15 day deadline for appeal?
Alternatively can I file to have case moved to higher court and amend the complaint after new trial granted?
There are advantages to small claims: less strict rules of evidence. I think jp court would be unfamiliar with claims for statutory relief, and not sure if they can award punitive damages.
If I go to court of common pleas, they have a fast track which promotes arbitration. Higher awards, and I think they can award punitive damages.
I have questions of rules of evidence:
In my original bill of particulars I provide photocopy of Equifax dispute (filed online) ; Letter to defendent (sealed) , returned undeliverable. (Presented as evidence of US post office stamp that defendent's address was not valid. If I proceed with the new claim, I have my digital tape recorder with the recorded phone conversation. In JP court they have less strict rules of evidence. They have a hearsay exception for business documents that the court "finds credible".
If the defendent files for discovery on my tape recording, how would I supply a copy of the recording?
I have it uploaded on my computer .
If they challenge the Equifax documents, do I need to subpoena someone from Equifax to verify them?
Do I need to subpoena someone from the post office to verify that the defendants address was no good?
I have a case in justice of the peace court in Delaware, Del version of small claims.
I am suing a collection agent for fcra violations 1681s-2b duty of furnisher. Without getting into the merits of my case, I have some questions.
I am pro-SE litigant and they have a lawyer. They initially filed a bill of particulars for failing to state a valid claim. I filed a bill of particulars, and trial was scheduled.
I missed the court date due to extraordinary circumstances. There was a tragic death of a police officer, and his funeral was the day of trial. I did not realize all the main roads were closed (I thought they were just backed up). I made it to court 25-30 minutes late, and trial was over.
The judge granted defendants motion to dismiss with prejudice.
I have 2 choices : motion for a new trial, or appeal to court of common pleas.
I am pretty sure the court would grant the motion for new trial (needs to be done within 10 days).
After the I missed the trial, I received a phone call from the defendant's "portfolio manager" asking If I wanted to settle the debt. He said they were scheduled for final disposition (court judgement). The debts are 5 years old, 2 years past statute of limit in Delaware. He repeated that in a second conversation which I taped. Delaware wiretappng statute makes one party taping legal.
I would like to amend the complaint to seek relief for the new violation of fair debt collection (making threat of legal action which they know is beyond statute of limitation)
Questions:
Can I file for motion for new trial and amend the complaint with the new violation? I would like to ask the court to award punitive damages (not sure if jp court can do that.)
If I file appeal, can I amend complaint at the same time?
Can I file motion for new trial and file appeal to court of common pleas if motion is granted I don't want to miss 15 day deadline for appeal?
Alternatively can I file to have case moved to higher court and amend the complaint after new trial granted?
There are advantages to small claims: less strict rules of evidence. I think jp court would be unfamiliar with claims for statutory relief, and not sure if they can award punitive damages.
If I go to court of common pleas, they have a fast track which promotes arbitration. Higher awards, and I think they can award punitive damages.
I have questions of rules of evidence:
In my original bill of particulars I provide photocopy of Equifax dispute (filed online) ; Letter to defendent (sealed) , returned undeliverable. (Presented as evidence of US post office stamp that defendent's address was not valid. If I proceed with the new claim, I have my digital tape recorder with the recorded phone conversation. In JP court they have less strict rules of evidence. They have a hearsay exception for business documents that the court "finds credible".
If the defendent files for discovery on my tape recording, how would I supply a copy of the recording?
I have it uploaded on my computer .
If they challenge the Equifax documents, do I need to subpoena someone from Equifax to verify them?
Do I need to subpoena someone from the post office to verify that the defendants address was no good?
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