How Does One File A Court Case
If one has a trust already, one can actually file for FREE by filling out a form called Application for Indigency by the Clerk of Court. By filling out this form with all "zeros" one will automatically qualify for free legal services (except Certified Mailings & Certified Copies). This is true because most non-taxpayers have no income.
Ask the Clerk of Court for the correct paperwork to file a lawsuit in small claims court. If the debt collector is out of state, ask if one can sue in small claims court still. Sometimes yes, sometimes no. It varies by county.
Once the paperwork is filled out, cite the FCRA or FDCPR statute for legal precedence to file (reason for filing), and get it notarized. Get 3x Certified Copies made from the printing service within the local courthouse. With copies in hand, head back to the same Clerk of Court for filing and to send off the paperwork via Certified Mail.
NOTE: If having trouble serving a party, go to one's local sheriff's office with the approved Application for Indigency, and have the police serve the notice of lawsuit. Someone at the front desk will be able to direct the steps to take for the local police station to perform this service. This is a free service, but it takes 7-15 days to complete, and the appointed sheriff will visit the service location up to (3) times before invalidating the request for service.
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