SUNHAWK Posted March 29, 2003 Report Share Posted March 29, 2003 I am getting ready to sue some collection agencies in the State of Michigan. I was under the understanding that I could sue them for their FDCPA violations in small claims court. However, I just ran across a posting by "Debtinator" who stated that he tried to help a friend bring about a case in Michigan for a similar situation and was told that the case could not be filed because of MCL 600.8424. Specifically, he states he was told that small claims court is for physical damage only (http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=21&thread=3477).Basically, MCL 600.8424 states:1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division. This subsection does not apply to either of the following: So, given that I was getting ready to go persue some cases in small claims court, does anyone have any recommendations? Does anyone know of any law that specifically states that I can persue FDCPA violations in small claims court?Thanks! Link to comment Share on other sites More sharing options...
bingo Posted March 29, 2003 Report Share Posted March 29, 2003 Section 813 of the FDCPA says you may sue in any court of competent jurisdiction. That would mean Federal or any state court.http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Link to comment Share on other sites More sharing options...
SUNHAWK Posted March 30, 2003 Author Report Share Posted March 30, 2003 I believe we have a Bingo! Hey, thanks....I apologize for asking a question that is very clearly stated right in the FDCPA. Sometimes you can read this thing 100 times and your mind just goes dead and you miss things like this.I don't mean to argue about this issue any further but couldn't the judge state, because of MCL 600.8424, they are not a competent jurisdiction? I just want to make sure I have ALL the info so if they do cite this law again like they did previously, I can easily bypass their point. Link to comment Share on other sites More sharing options...
bingo Posted March 30, 2003 Report Share Posted March 30, 2003 I don't know how to answer your question. I've seen on other sites where a defendant has petitioned a sc judge to move the case to Circuit or Federal Court and the judge complied. I've never seen anyone say a sc judge flatly refused to hear a case.I dunno. At first blush there is a Federal Law {FDCPA} that says for this purpose you may use a small claims court. I maybe oversimplfying but I just don't see how state law could trump Federal Law. Hopefully Swede or Calawyer can help. Link to comment Share on other sites More sharing options...
calawyer Posted March 31, 2003 Report Share Posted March 31, 2003 See if your county has a small claims advisor. They will know whether a FDCPA claim is an intentional tort under your state law. Link to comment Share on other sites More sharing options...
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