Legal Question in Credit and Debt Law in California

I was wondering about small claims court.If you sue a creditor/bank for defamation of character for items your credit report. Can they counter sue

for the same amount or can they sue for more money and possibly bring a attorney or lawyer to court with them to represent the case. For example, I am suing a bank for foreclosure on my credit for defamation of character. I am only suing for 10 dollars. Will they counter sue for more money, or will they take it to higher court to try to get more money. Can they take it to a higher court for more money? I was just curious about this...

Asked on 5/01/13, 4:04 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If they have any legal claims against you they can file them for any amount, and if it exceeds the jurisdictional limits of small claims court, they have the right to have the case removed to regular superior court.

You should also be aware that if you sue them for defamation for putting a foreclosure in your credit report, and they did in fact foreclose, they can then file against you for abuse of process and malicious prosecution after they win the first case.

Lastly, if you are thinking you will sue for $10 and then get an order that they change something on your credit report, you are mistaken about small claims court. That kind of injunction can only be obtained in regular superior court, regardless of the amount of money. So it makes no sense to sue in small claims for $10.

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Answered on 5/01/13, 9:59 am

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