Which court should I file?

[deanie]

My husband and I are going to be suing a Credit Card company who wrongfully reported our account as "Charge off" on our credit report causing bad credit on our credit file. The company may be located in Boca Raton, Florida and their corporate office located in Wilmington, Delaware. We live in California and our question is where should we file and once we do, if we need to go to the court in person. We need to consider all of this because of airfare, lodging, and other expenses that may arise from traveling outside of our state.

 

[JETX]

I am afraid that you will be very disappointed if you try to sue the credit card company, unless you have an incredible amount of money to waste.

First, is the cost of the lawsuit. It will have to be tried in Delaware, the companies home state. And, yes, you will have multiple trips (trial, hearings, depositions, etc.)

Second, this is not the type of case that can be handled by a layperson (Pro Se). You will need a competent attorney. Remember, they will probably have a whole rack full of attorneys.

Third, before considering ANY case, you need to determine what your 'damages' are. This doesn't mean that you were refused a credit card.. you will need to convince the court that you have suffured real damages.

With all this in mind, I would suggest that you read the FCRA (Fair Credit Reporting Act) at http://www.ftc.gov
It will tell you what you need to do to correct an erroneous credit report.