jonrtaylor Posted July 21, 2003 Report Share Posted July 21, 2003 A month ago, I filed suit gainst TU, in small claims court, in Key West, where I live. TU's attorneys in West Palm Beach (a 6 hour drive away) just mailed me a "notice of removal" asking that the suit be moved to a US District Court in West Palm Beach. They cite PART of FCRA 1681p stating that the US District Court has jurisdiction regardless of the amount in controversy. They also cite some case law which supports their argument.However, I read 1681p and what TU's lawyers didn't quote, was the rest of the sentence in 1681p, which says "An action to enforce any liability created under this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, OR IN ANY OTHER COURT OF COMPETENT JURISDICTION..."SO... I want to file a motion with my local small claims court showing that yes, they CAN have jurisdiction, as they are a "court of competent jurisdiction." Can anybody help with suggestions? What is a "court of competent jurisdiction?" Also, while I did sue for $1,000 damages, I really don't care about the money on this. I just want an item removed from my report. Would it be advisable at this point to write their attorney and offer a settlement? I assume that they are in part, "playing a game" with me and any communicaiton between me and them would also reflect my determination to go to West Palm if it is necessary. Thanks! Link to comment Share on other sites More sharing options...
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