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...
icantstandcras Posted July 22, 2003 Report Share Posted July 22, 2003 Easy. Just write a paragraph that says what you wrote below. Then, go to the clerk of the small claims court and ask him/her how you go about filing your response. The clerk will walk you through in a couple of minutes. Link to comment Share on other sites More sharing options...
TexasLawyer Posted July 22, 2003 Report Share Posted July 22, 2003 That will not work. The case has been removed to federal court, and the court that you filed the action is has lost jurisdiction. You need to file a motion to remand the case. However, an FDCPA claim is a federal question claim, and the defendant can generally keep it in federal court. Study removal and the bases for seeking remand. Link to comment Share on other sites More sharing options...
admin Posted July 23, 2003 Report Share Posted July 23, 2003 One tip - Don't post personal information here like that - the CRAs sometimes read these boards....Apparently, this is a typical ploy by TU. By the way, the statute in the FCRA they cite basically says: An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court ofcompetent jurisdictionThis sets it up for small claims ..However, the best way to assure that you don't get removal to federal court is to assert state claims as well. You would need at least 1 state law claim to prevent removal. It really is improper for a state judge to rule on a case that only involves federal law. That's what jurisdiction is about. Competent Jurisdiction is a legal term meaning that the case involves law in which the court system has final say. A state judge cannot set precedent or interpret federal decisions and contribute to stare decisis of federal decisions.I'd look up Florida's laws regarding credit reporting (they are sure to have them, most states do) and cite them in the case.Let me know how it goes!Kristy Link to comment Share on other sites More sharing options...
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