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Court dismissed my FCRA case

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swimfast

Junior Member
What is the name of your state?What is the name of your state? Illinois

My former counsel grossly mishandled my FCRA case regarding a disputed student loan. The lawyer is out of the picture and I am pro se now.
A complaint with the Attorney Registration & Disciplinary Commission has been submitted.

I just found out via PACER that there was a minute order on June 23rd that my case is being dismissed with prejudice.

I brought forth evidence that no student loan belongs to me. I brought forth Equifax and Experian investigation results (deletions) that no loan belongs to me. The defendants failed to document the loan (application, promissory note, etc.) despite being ordered to do so, in response to a motion I made in March.

THE COURT IGNORED IT ALL!!!

Do I file a Notice of Appeal based on the minute order or do I have to wait for something like a final order with the judge's signature on it?
 


Ladynred

Senior Member
I'm no expert on doing something like this pro se, but it seems to me you should appeal the minute order BEFORE any final decision is made !

On what grounds are they dismissing the case ???

This doesn't sound like something you should tackle yourself.
 

swimfast

Junior Member
Thanks Ladynred,

I made a motion to the court to quash a deposition they wanted. I made it very clear in the motion that a deposition would only serve the defendants to harass and unduly burden me.

Attached to the motion was my university's finanical aid award letter that proofs I declined all loan aid, as well as the investigation results from Equifax and Experian showing no loan belongs to me.

I also filed a motion that the defendants be ordered to produce a loan application, promissory note, etc. they cannot not claim a loan exists without such. I made the motion on March 1st. It was granted on March 17th.

The court is pissed at me for not giving a deposition, but the lets the defendants get away with not complying with the production of documents.
What kind of BS is this?

Why should I have to give a deposition when I brought forth my student aid letter showing refusal of all loan aid, investigation results by two national credit reporting agencies - ALL PROOF THAT NO LOAN EXISTS.

The court could not be more blatantly prejudice against me. :mad:
 

Ladynred

Senior Member
Unfortunately its true that some judges don't like pro se litigants. However, if you're going to tackle something as complex as this, you need to be very meticulous and dogged. You should have gone thru with the deposition. While I understand your argument, it may have been what you needed to actually win. Since you would be representing yourself in a deposition, you have rights, its not a badgering session unless you let them get away with it -so you have to know how depositions work and what can and cannot be done.

What you provided to support your refusal of the deposition apparently wasn't enough to convince the judge.

If you filed a motion for discovery and production of documents, and they have ignored it, then you file a Motion to Compel with the court.

If you don't want to lose this one outright, you need to appeal.
 

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