Declaratory Judgments – Part 2
The use of a non-FCRA claim is unique in other ways. Even though the FCRA requires that a formal dispute must occur before civil liability exists on the part of a furnisher, other breaches of law don’t necessarily share that requirement. As such, entire adverse trade-lines can be removed using simple and effective causes of action-without having to contend with the bureaus.
Declaratory Judgments – Part 1
Three types of legal remedies are available in civil cases: money damages, injunctive relief, and declaratory relief. Money damages are self-explanatory. Injunctive relief is an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act. Declaratory relief or judgment is simply the declaring or interpretation of a legal right, declaring what is the existing law.
Small Claims Court
Small-claims court isn’t the place for credit report issues. You can’t get punitive damages, you can’t get a declaratory judgment, and there’s a money-damage cap. Plus, any creditor that is sued for money damages under the FCRA will likely have the case removed to federal court anyway, and any bureau will surely have it removed.