Hacker News new | past | comments | ask | show | jobs | submit login

This is the genius of small-claims court. Equifax has to either send a representative (which would cost them more than $1000), or they lose by default. You don't actually have to prove anything.



It really isn't genius at all. At least in my state, either party can object to the small claims status by simply sending a letter. Then it moves over to normal court with normal lawyers. Already you are out the small claims filing fee (yes, you have to pay the court to even bring a small claims case).

Once in normal court, you would need to hire a lawyer, and they would just find some local representation. At this point, you would probably withdraw the case because it isn't worth that investment.

But suppose you kept going. Their local council is going to proxy their attempts to change venue to where they are located. Unless you had a really compelling argument, they would probably win the change of venue. Now you need to find another lawyer somewhere else, and it is probably an expensive locale like New York or LA where they have a firm on retainer. Still want to push the case? Me neither.

By all means, try the small claims route. But don't think for one second that it is a slam dunk.


That is an incredibly pro-corporate anti-individual jurisdiction. Where is this?


I didn't think my state was that unique, so I did a bit of searching and found some interesting gotchas in a few different states:

Alabama: Must file in municipality where the other party (defendant) resides

Alaska: Easy to move to regular court

Arizona: Easy to move to regular court

Delaware: Cannot be used for punitive damages (basically this)

Indiana: Easy to move to regular court (If I am reading it right)

Michigan: Easy to move to regular court

New York: Must file in municipality where the other party (defendant) resides

Oregon: Basically must file in municipality where the other party (defendant) resides. Easy to move to regular court




Guidelines | FAQ | Support | API | Security | Lists | Bookmarklet | Legal | Apply to YC | Contact

Search: