Steps to prepare yourself before you file a claim in the Small Claims Court

Get a proof of the harassment:
Collect and be ready with some evidences which say that you have been harassed by them. The debt collectors usually do not send or give you any written document to collect the money from you. They usually call you up over the phone.

Record the telephonic conversation

One thing which you can do is to record the telephonic conversations. But be careful because in some states such recording is illegal and you can be prosecuted. The states which do not allow secret recording of telephonic conversation are California, Florida, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, Washington, Connecticut, Delaware, Illinois, and Maryland. These states do allow phone tapping but you have to take the permission of all the parties involved in the conversation. You can not do this privately. But there are other thirty-eight states including the District of Columbia which allow secret phone tapping. Just check out the laws of the state you belong to.
You can also have a video-recording during the interaction. But before that, go through the laws of your state regarding this. The states which do allow the secret use of video cameras in private places are California, Georgia, Hawaii, Michigan, Minnesota, New Hampshire, Utah, South Dakota, Alabama, Delaware, Kansas, and Maine.

What if your state does not allow such recording?
Keep a notebook to note the details of the conversation. You can present this notebook to the judge. This will help you to be clear and confident.
Note the following in your notebook:

1. • The Day and time of the conversation.
2. • The Number and names of the people talking to you.
3. • The phone numbers.
4. • Whether you made the call or you were called up by the other party.

A summary of the conversation.

Go through the ‘Inquiries’ section of your credit report:
You must have noticed that there is an ‘Inquiries’ section in your credit report. The inquiries indicate that certain companies have asked for a copy of your credit report.
What you have to do is: Study this list of companies. There you will also find the reason for their requesting your credit report. Just get to know why these companies have placed such a request.
The reason could be:

1. • The company wants to know if it can give you a loan.
2. • The company wants to know the status of your credit
3. • The company has got a court order.
4. • The company wants to know if there are other people with you.

If the reasons are other than this and if you find them unacceptable, you should proceed and file a case against them.

Identify the other party properly:
Identification of the party against whom you are going is very important. It is your job to present his legal name, address, and phone number in the court. The information should be accurate. It should be very clear whether any association you named is partnership or a corporation.
There is a difference between partnership and corporation. A Corporation is a business association much bigger than partnership and involves selling of shares.
You can consult the Corporate Commission of your state to find the exact profile of the party. Or else contact the local clerk to get this information.

If the company is in another state:
In this case, the courts usually do not allow filing a claim. Some courts may allow you if the agreement was signed in that state.
If you can find a representative of the company who is registered in your state, you can file a case against them