How to Sue Creditors in Small Claims Court & Win Without a Lawyer.

(Step by step user guide)

TOP 10 tips for Small Claim Success Video
https://www.youtube.com/watch?v=qTUhBMdddsk&feature=youtu.be
Most creditors DO NOT abide by the laws set by the Fair Credit Reporting Act and if they do you
can still sue them. Some actions of a creditor that substantiate a lawsuit are: failure to validate a debt;
calls you at work or very late at night; erroneous reporting of your credit history; and, refusing to note
partial payments on your credit. Most of the time the creditors don't bother showing up, and why would
they? If the debt is for $1,000 and they have to pay an attorney, travel fees and court fees they generally
don't. Now if it's for a $25,000 credit card or maybe apartment you may not get so lucky, but you can still
win your case. If they don't show up you automatically win and receive a judgment of removal you can
send to the (3) credit bureaus. By law the credit bureaus will now have to remove the debt from your
credit report, whether it's valid or not. Also, see the HIPPA section below for medical debt.

1. Get proof (most of the time you don't need it) but take screenshots of your phone or letter from
your boss or even employee saying they called, copy of your credit report etc. You have to build a
case against these people and it's generally very easy because the majority do not follow the laws
outlined in the Fair Credit Reporting Act.

2. Every state is different so you need to check what your state small claim maximum award, for
filing in small claims court. File your claim with the Small Claims court located in your county.
Do not ever file for the state maximum for loss, always file it for a smaller amount. To file a
claim, just go to the county courthouse and get the appropriate forms. Make sure to follow all the
legal steps for filing this claim, including notifying the other party. Every state has different
forms but they are all pretty self explanatory.

Generally, there will be a section where you will insert your claim, make sure to ALWAYS
include in your order: Your fee (under the small claims limit), plus REMOVAL OF
DEROGATORY DEBT from all three credit bureaus; TransUnion, Experian and Equifax along
with a dollar amount, PLUS removal of all lien etc if a mortgage. This is super important, for
without all 3 issues being ordered you don't really gain anything.

3. Once your claim is submitted you may have to notify the creditor or collection company. This is
the easy part. Don't bother tracking them down too much, a lot of collection companies change
addresses often. And it's in your advantage if they never receive it.

4. Once the court hearing comes, the creditor or collection representative may or may not show up.
Most often the creditor and or the collection company is not located in your county or even state.
Like I said, they generally do not for smaller debt. If they do, make sure you have your facts
straight and list what Fair Credit Act law they broke, which again is super easy because most
don't follow the laws. Please see the document for the fair credit act laws. Now if they don't
show up, you automatically win and the courts will give you your judgment (what you asked for).

5. HIPPA laws are very strict. If you validated your debt and the collection agency provided a list
of your debt from the hospital or doctor they violated your HIPPA rights. Your medical
information can never be shared to a third party without your consent. Some doctors and
hospitals are getting smart about this and they bury the vernacular within forms you sign. Always
read these forms and draw a line through anything that talks about sharing your information with
a 3rd party. Winning a HIPPA case is super easy and most of the time they won't show, because
they know they broke the law.

1
Just remember, suing a collection company or an slimy debt collector attorney. This process is easy and
you don't need an expensive attorney. In fact ONLY the party with firsthand knowledge of the original
contract can come...that means their attorney or someone who purchased a debt is disqualified! The cost
to benefit is usually exponential. If you have a debt that's hurting your score by 50 points or more and
they keep validating this is honestly your last hope. There have been cases over $10,000 that the creditor/
collection agency/Attorney ever verified the debt firsthand and thus the case was won by the petitioner
(you in small claims). It can be that easy. It’s not about the money, it’s about the order. Sure it's more
work for you but to have an extra 50 points on your credit or better interest rate on your car or home - it's
worth it. Small claims is just a 1 to 2 page process to fill in by hand.

One important rule of small claims to keep in mind… you get to set the traps! Most small claims
courts have very specific common law “local” rules which disallow attorneys from testifying. In
other words, only the party with first hand knowledge of the contract and or movement of property
to you can speak. If they don’t show, they lose. This is why they usually call and make offers to
settle your small claims suit once these are filed. Of course you also get to negotiate that their suit
against you get dropped WITH prejudice. Turnabout is fair play right? Never give up fighting!

Remember this could be constructed in a traffic ticket trying to collect money, a mortgage, or any
debt collector. Some who have tried this report you should do this as soon as you get a summons to court
because a court summons is an offer to contract, and is also a debt collector process. Where is the
contract? If they cannot answer, do not consent and sue the individual coming after you instead (sue by
name even if working for a corporation or if an attorney)?

Always remember that attorney cannot testify (as they do all the time.

REFERENCES

The Fair Credit Reporting Act, 15 U.S.C. § 1681 (“FCRA”) is U.S. Federal Government legislation
enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of
consumer reporting agencies. It was intended to protect consumers from the willful and/or negligent
inclusion of inaccurate information in their credit reports. To that end, the FCRA regulates the collection,
dissemination, and use of consumer information, including consumer credit information.[1] Together with
the Fair Debt Collection Practices Act ("FDCPA"), the FCRA forms the foundation of consumer rights
law in the United States. It was originally passed in 1970,[2] and is enforced by the US Federal Trade
Commission, the Consumer Financial Protection Bureau and private litigants.
https://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act

2
 CASE PRECEDENT LIMITING WHAT ATTORNEYS CAN DO IN SMALL CLAIMS AND
OTHER COURTS

TRINSEY vs PAGLIARO – A powerful tool to use against all attorneys in court.

Attorneys cannot testify as a firsthand witness, but so so all the time. So OBJECT and stop
them over and over again.

It's a VIOLATION of the 11th Amendment for a FOREIGN CITIZEN to INVOKE the JUDICIAL
POWER of the State.

Article XI.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity,
commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or
Subjects of any Foreign State.

US citizens (FEDERAL CITIZENS) are FOREIGN to the several States and SUBJECTS of the
FEDERAL UNITED STATES/STATE of NEW COLUMBIA/DISTRICT OF COLUMBIA.
Attorneys are considered FOREIGN AGENTS under the FOREIGN AGENTS REGISTRATION ACT
(FARA) and are SUBJECTS of the BAR ASSOCIATION.

Government Is Foreclosed from Parity with Real People

– Supreme Court of the United States 1795

"Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a
government can interface only with other artificial persons. The imaginary, having neither actuality nor
substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of
this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything
other than corporate, artificial persons and the contracts between them."

S.C.R. 1795, Penhallow v. Doane's Administrators (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54),
Supreme Court of the United States 1795 -- (Let's not get all pissy over whether this is an exact quote,
read the rest of the cites below)

And, "An attorney for the plaintiff cannot admit evidence into the court. He is either an attorney or a
witness". (Trinsey v. Pagliaro D.C.Pa. 1964, 229 F. Supp. 647) PAY CLOSE ATTENTION TO THIS
ONE!

Subject: Trinsey v. Pagliaro, 229 F.Supp. 647: when you read it you will find that it is THE case cited for
FRCivP 12(b) (6).

Now, while what it says at 12(b) (6) is good, notice how I have highlighted some items from the actual
decision, it goes MUCH further than 12(b) (6) does and we should also. Keep in mind the two Maxims in
Law that are opposite sides of the same coin: Truth is Expressed in the Form of an Affidavit, & An
Unrebutted Affidavit stands as Truth in the Matter.

Now, while keeping these in mind, think about when someone like an attorney for the IRS comes forward
and "testifies" about how you did such-and-such. Are they a First-Hand-Witness, or simply a
"Statement of Counsel in Brief or Argument?" Shut them down! OBJECT over and over, and hit them
with Trinsey v. Pagliaro, and require the "Judge" to take official Judicial Notice of it. If the "Judge" does
not sustain your object, you need to immediately file an oral "Affidavit of Prejudice" against the "Judge"
as he has shown his prejudice and then file the same Affidavit in writing into the record with witnesses to
the same. Once your Affidavits are filed, obtain a record of what has been filed at the clerk’s office, and
3
show that you are the only one who has actually introduced FACTS into the case, then move for
Summary Judgment upon the Facts.

Do this while reminding the "Judge" that the ONLY thing he is to consider are the FACTS of the case ON
THE RECORD. Remind the judge that the opposing "counsel" has only been "enlightening" to the Court,
but not sufficient to rise to the level of FACT or EVIDENCE on the record. Understanding this is
VERY powerful.

This applies both with Federal Rules of Evidence and State Rules of Evidence. There must be a
competent first hand witness (a body). There has to be a real person making the complaint and bringing
evidence before the court. Corporations are paper and can't testify.

"Manifestly, [such statements] cannot be properly considered by us in the disposition of [a] case." United
States v. Lovasco (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752,

"Under no possible view, however, of the findings we are considering can they be held to constitute a
compliance with the statute, since they merely embody conflicting statements of counsel concerning the
facts as they suppose them to be and their appreciation of the law which they deem applicable, there
being, therefore, no attempt whatever to state the ultimate facts by a consideration of which we would be
able to conclude whether or not the judgment was warranted." Gonzales v. Buist. (04/01/12) 224 U.S.
126, 56 L. Ed. 693, 32 S. Ct. 463.

"No instruction was asked, but, as we have said, the judge told the jury that they were to regard only the
evidence admitted by him, not statements of counsel", Holt v. United States, (10/31/10) 218 U.S. 245, 54
L. Ed. 1021, 31 S. Ct. 2,

"The prosecutor is not a witness; and he should not be permitted to add to the record either by subtle or
gross improprieties. Those who have experienced the full thrust of the power of government when
leveled against them know that the only protection the citizen has is in the requirement for a fair trial."
Donnelly v. Dechristoforo, 1974.SCT.41709 ¶ 56; 416 U.S. 637 (1974) Mr. Justice Douglas, dissenting.

"Care has been taken, however, in summoning witnesses to testify, to call no man whose character or
whose word could be successfully impeached by any methods known to the law. And it is remarkable, we
submit, that in a case of this magnitude, with every means and resource at their command, the
complainants, after years of effort and search in near and in the most remote paths, and in every collateral
by-way, now rest the charges of conspiracy and of gullibility against these witnesses, only upon the bare
statements of counsel. The lives of all the witnesses are clean, their characters for truth and veracity un-
assailed, and the evidence of any attempt to influence the memory or the impressions of any man called,
cannot be successfully pointed out in this record." Telephone Cases. Dolbear v. American Bell Telephone
Company, Molecular Telephone Company v. American Bell Telephone Company. American Bell
Telephone Company v.. Molecular Telephone Company, Clay Commercial Telephone Company v.
American Bell Telephone Company, People's Telephone Company v. American Bell Telephone
Company, Overland Telephone Company v. American Bell Telephone Company,. (PART TWO OF
THREE) (03/19/88) 126 U.S. 1, 31 L. Ed. 863, 8 S. Ct. 778.

"Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for summary
judgment," Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp. 647.

"Factual statements or documents appearing only in briefs shall not be deemed to be a part of the record
in the case, unless specifically permitted by the Court" – Oklahoma Court Rules and Procedure, Federal
local rule 7.1(h).

4
Trinsey v Pagliaro, D.C.Pa. 1964, 229 F.Supp. 647. "Statements of counsel in brief or in argument are not
facts before the court and are therefore insufficient for a motion to dismiss or for summary judgment."
Pro Per and pro se litigants should therefore always remember that the majority of the time, the motion to
dismiss a case is only argued by the opposing attorney, who is not allowed to testify on the facts of the
case, the motion to dismiss is never argued by the real party in interest.
"Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary
determination." Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.

Frunzar v. Allied Property and Casualty Ins. Co., (Iowa 1996)† 548 N.W.2d 880 Professional statements
of litigants attorney are treated as affidavits, and attorney making statements may be cross-examined
regarding substance of statement. [And, how many of those Ass-Holes have "first hand knowledge"?
NONE!!!]

Porter v. Porter, (N.D. 1979 ) 274 N.W.2d 235 ñ The practice of an attorney filing an affidavit on behalf
of his client asserting the status of that client is not approved, inasmuch as not only does the affidavit
become hearsay, but it places the attorney in a position of witness thus compromising his role as
advocate.
Deyo v. Detroit Creamery Co (Mich 1932) 241 N.W.2d 244 Statutes forbidding administering of oath by
attorney's in cases in which they may be engaged applies to affidavits as well.

5
 Sue Your Creditors When They Violate The Law
You Could Earn $1,000s and make their case against you void!
Learn all about THE secret and very profitable weapon to use in repairing your credit. Consumers are
being hurt right and left by the carelessness of creditors, credit bureaus and unethical practices of
collection agencies. By pointing out these violations, you can make them back down and remove negative
entries. Fight back! The law specifically allows you can take these losers to court and win money!
Wouldn't you like to use the money you win from your creditors to pay off your debts?! One man
won $9,000 from debt collectors using these techniques. Another just won $1,500. Another won a little
over $5000. Look at the case that the Federal Trade Commission used against the collection agency
CAMCO. Many of the violations we list here were cited!

Suing in Small Claims Court is often called the "Poor Man's Lawsuit"

You know the old sayings, "money talks" and "vote with your dollars". Well, most companies (the credit
bureaus and creditors included), are not going to change their ways unless it is in their best interest to do
so. All of these companies have stockholders to report to, so if one of their practices is costing them a
better bottom line, you better believe they will act to change their ways. One of these ways is for you the
consumer, to take action legally against these companies when your rights have been violated.

Profit While Helping Others

The best news is that typically, each violation can be a $1,000 fine, so it's money in your pocket. In
addition, you are going to help make someone else's life better by suing someone who has broken the law.
If everyone took action when their rights were violated, the credit bureaus would lose a fortune in legal
disputes. It's time to protect your rights as a consumer as well as protecting the rights of your fellow man
or woman.

So Who Can You Sue and What Can You Sue For?

Who Why Precedent/Law Fine

Creditors if they report your Defamation, financial US Court of Appeals, Ninth Extent of damages incurred
credit history inaccurately injury Circuit, No. 00-15946, by the wronged party as
Nelson vs. Chase deemed by the courts
Manhattan.
Creditors, if you dispute a Protection under the FCRA FCRA $1,000.00
debt, and they fail to report Section 623.
it as disputed to the credit
bureaus
Creditors if they pull your Injury to your credit report FCRA Section 604 (A)(3) $1,000.00
credit file without and credit score
permissible purpose
Credit bureaus if they Defamation, willful injury CUSHMAN, v. TRANS Extent of damages incurred
refuse to correct FCRA Section 623 UNION CORPORATION by the wronged party, as
information after being US Court of Appeals for the deemed by the courts
provided proof Third Circuit Court Case
115 F.3d 220 June 9, 1997,
Filed (D.C. No. 95-cv-
01743).

6
Credit bureaus if they Consumer protection FCRA Part (A)(5)(B)(ii) $1,000.00
reinsert a removed item afforded by the FCRA
from your credit report
without notifying you in
writing within 5 business
days.
Credit bureaus if they fail to Consumer protection FCRA Section 611 Part (A) $1,000.00
“respond” to your written afforded by the FCRA (1)
disputes within 30 days (a
15 day extension may be
granted if they receive
information from the
creditor within the first 30
days)
Collection Agency canNOT Protection under the Gearing v. Check $1,000.00
be BOTH purchaser and FDCPA Brokerage Corp
'assignee' it's one or the 233 F.3d 469 (7th Cir.
other 2000)
Misrepresentations by the Protection under the Gearing v. Check $1,000.00
collector about FDCPA Brokerage Corp
themselves or the debt Cacace v. Lucas, 775 F.
are actionable regardless Supp. 502, 505 (D. Conn.
of intent 1990)
Creditors or collection Consumer protection FCRA Section 605 $1,000.00
agencies, and credit bureaus afforded by the FCRA (c) Running of the reporting
if they try and “Re-age” period
your account by updating
the date of last activity on
your credit report in the
hopes of keeping negative
information on your
account longer
If you dispute a debt, the Protection under the FDCPA $1,000.00
collection agency fails to FDCPA Section 807(8)
report it as disputed to the
credit bureaus
Collection agencies if they FDCPA FTC opinion letter Cass $1,000.00
do not validate your debt Section 809 (b), from LeFevre
yet continue to pursue
collection activity (file for
judgments, call or write
you) Consumer protection
afforded by the FDCPA
Collection agencies if you Consumer protection FDCPA Section 805 (c) $1,000.00
have sent them a cease and afforded by the FDCPA
desist letter and they still
call you.

Collection agencies if they Consumer protection FDCPA Section 809 (b), $1,000.00
have not validated your afforded by the FDCPA FTC opinion letter Cass
debt and they still continue from LeFevre
to report to the credit
bureaus
Collection agencies if they: Consumer protection FDCPA 808 Section $1,000.00
- Cash a post-dated check afforded by the FDCPA
before the date on the check
- Cost you money by
making you accept collect
calls or COD mail - Take or
threaten to take any
personal property without a

7
 judgment
If a collector calls you after Consumer protection FDCPA Section 805. (a)(1) $1,000.00
9 PM at night or before 8 afforded by the FDCPA
AM
Calls you at your place of Consumer protection FDCPA Section 805. (a)(3) $1,000.00
employment if the debt afforded by the FDCPA
collector knows or has
reason to know that your
employer prohibits the
consumer from receiving
such communication.
Calls any third party about Consumer protection FDCPA Section 805. (b) $1,000.00
your debt like friends, afforded by the FDCPA
neighbors, relatives, etc.
However they can contact
your attorney, a consumer
reporting agency, the
creditor, the attorney of the
creditor, or the attorney of
the debt collector.
The collection agency can Consumer protection FDCPA Section 806 $1,000.00
not use any kind of afforded by the FDCPA
harassment or abuse**
Collector cannot claim to Consumer protection FDCPA Section 807 $1,000.00
garnish your wages, seize afforded by the FDCPA
property or have you
arrested ***
Collector must you in a Consumer protection FDCPA Section 811 (a) (2) $1,000 - Also a good
county in which you lived afforded by the FDCPA grounds for getting a
when you signed the judgment vacated
original contract for the
debt or where you live at
the time when they file the
lawsuit

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or
property of any person. (2) The use of obscene or profane language or language the natural consequence
of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse
to pay debts, except to a consumer reporting (4) The advertisement for sale of any debt to coerce payment
of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly
or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Placement of
telephone calls without meaningful disclosure of the caller's identity. ***If the collection agency get a
judgment against you, then they will be able to garnish your wages and seize property, but until that time,
no.

Also look up multiple books on Amazon on how to sue in small claims court. And everyone absolutely
needs to study and pass this optional course How to Win a Lawsuit Without A Lawyer course - detail are
at http://youarelaw.org/jd