What kind of lawyer do I need or will a lawyer even pick up my case?

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I want to sue a bank for violating the SCRA in regard a vehicle that was repossessed that was covered under the SCRA. They knew that and still repossessed and charged off my account that led to a big dent on my credit report. They allowed my wife to pay fees to get the vehicle back since she was authorized to deal with this account. Even though we were able to get the vehicle back, the account was then referred to as special and continued to make payments. Recently, this bank realized their mistake and apologized send a check for $10,000 and said it will remove everything negative about the account from my credit report. That was a way for them to try to keep me quiet. I want to sue for damages and all the stress this caused my family. Till this day it shows negative on my credit report.

Attorney Answer

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Katy Marie YoungLitigation LawyerSan Francisco, CA ·
Although I can imagine how frustrated you are, unfortunately the situation you describe does not seem to warrant a lawsuit. The bank sent you a $10,000 check (wow!) and promised to remove the negative items from your credit report- the credit reporting agencies can take a long time to catch on, so the bank may have already done all it can do. In order to have a case that warrants filing a lawsuit, your damages have to be measurable such that a judge or jury can award you a dollar amount that will compensate for the wrongs you suffered. While most everyone understands how important it is to protect your credit rating, the key question for a lawyer considering taking on your case is how the negative items on your credit report translate to damages. For example: if you were in the process of refinancing y our home mortgage and these erroneously reported negative items on your credit report caused you to lose a more advantageous interest rate on the refi, perhaps the difference in the interest rate can translate to dollars that could serve as a measure of damages in your case. The other consideration is that filing a lawsuit is very expensive, unless you are able to find a lawyer to take the case on contingency (meaning that you do not pay the lawyer for her time as she works on the case, but she gets paid a portion of whatever damages you recover in the matter). In order for a lawyer to take your case on contingency, she would have to be able to do some mental calculous about how valuable your case is (i.e. the dollar amount of damages) versus how many hours it may take her to yield a dime from the bad guys. The only other thing I can think of that may help you is that there may be a contract or statute that applies that would allow for the recovery of attorneys' fees if you win, which may make your case more palatable for a contingency fee lawyer. In a case like this where certainly you have suffered stress and possibly some other adverse effects from the negative items on your credit report, I can't at this point tell how that would amount to enough- and certain enough- damages to warrant someone taking this on contingency. Assuming you aren't willing or able to pay hourly, unfortunately my answer is that you may be hard pressed to find someone who would take your case. The sad reality of our legal system is that there is simply not a remedy for every wrong, and even if there is, the remedy is prohibitively expensive. I encourage you to call the credit reporting agencies directly to try to speed up the process.
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