Re: Old Landlord is posting illegal information

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I can appreciate your sympathy for the OP, but the defense attorneys
and the court are gonna bury her in pre-trial procedural motions and
rulings, discovery, epert witnesses, motions for summary judgment, a
jury demand, preparation of jury instructions, preparation of a
proposed judgment, etc, etc, etc. It ain't Judge Judy. You don't
just walk in and tell the judge your story. And I can guarantee that
no federal judge is gonna be happy about having a $1000 case taking up
time on the docket.

On 6/22/06, Some Young Guy wrote:
> What do you mean, "assuming you can jump through enough hoops to get
> that far in the court system." The poster can simply file a pro se
> suit in Federal Court and let the judge decide if the landlord has
> violated the act. I don't see any hoops needed to jump through here.
>
> On 6/22/06, Some Young Guy wrote:
>> You are correct about the "up to" $1000, however, current caselaw
>> on the subject appears that courts typically award $1000 on a
>> regular basis (especially if it proven that the landlord was
>> INTENTIONALLY supplying inaccurate information to harm the OP).
>> Mitigation would be appropriate for any actual damages beyond the
>> statutory damages, however this would NOT eliminate the OP's
>> ability to successfully pursue the statutory damages.
>>
>>
>> On 6/22/06, Curmudgeon wrote:
>>> The statutory damages are "up to" $1000 at the court's
>>> discretion plus any actual damages--assuming you can jump
>>> through enough hoops to get that far in the court system. But
>>> first, the OP needs to attempt to mitigate her damages by
>>> disputing the information with the 3 major credit reporting
>>> agencies and with the association that is supplying the
>>> information. Odds are, neither the agencies nor the association
>>> will be able to verify the information and it will be deleted.
>>> Poof--there go the damages.
>>>
>>> On 6/22/06, Some Young Guy wrote:
>>>> Actually that is not correct. If your landlord intentionally
>>>> put false information on your credit report he/she would be
>>>> guilty of violating the Fair Credit Reporting Act and would be
>>>> liable for $1000 of statutory damages (or actual damages if
>>>> this was greater). I believe this would be a good case for
>>>> Federal Court.
>>>>
>>>> On 6/21/06, Curmudgeon wrote:
>>>>> You've been evicted, filed bankruptcy, and don't know the
>>>>> English language. How much has your character
>>>>> been "deformed" by this?
>>>>>
>>>>> Yes, the landlord shouldn't be listing incorrect
>>>>> information, but the monetary value of your case is worth
>>>>> less than the cost of the electricity I used to post this.
>>>>>
>>>>> On 6/21/06, Lashern wrote:
>>>>>> About three years ago, we rented a basement apartment. In
>>>>>> this my husband lost his job and we became behind in the
>>>>>> rent and then went to eviction court to settle the debt.
>>>>>> We advised the judge of the amount that we owed and a
>>>>>> judgment was entered. Well, two weeks after that the
>>>>>> landlord try to take us to court again for the same amount
>>>>>> at a different court. We proved that we had already went
>>>>>> to court for the same matter and that he was falsly
>>>>>> accusing us of damaging the apartment, We had won that
>>>>>> case. I filed Bankruptcy last year and had the judgment
>>>>>> discharged. I recently receieved my credit report and
>>>>>> noticed that the landlord is tapping on to my credit
>>>>>> report by putting the case that we won on as a judgment as
>>>>>> well as putting false debt amounts on my credit report
>>>>>> through a company by the name of National Ass. of
>>>>>> Independent Landlords. Can i take him to court for
>>>>>> deformation of character for putting false information
>>>>>> illegally on my credit report?