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Get a lawyer and get 'em in Federal Court


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I don't see why not. The FDCPA says you may file in any court of competent jurisdiction. I'd say a Federal Court is competent!

I just love that risk/reward ratio. Being stubborn {or stupid} on a $1000 violation and they end up paying the plantiff's lawyer $16K in fees plus, they likely spent $5K or better on their own legal fees.

I wonder if cases published like this may make it easier to find a lawyer willing to take a FDCPA action to a court of record?

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<blockquote>Originally posted by cybercrusader

Can you file suit in Federal court after you've been defendent with CA at the state level and did NOT counter with FDCPA violations?

</blockquote>

What if you recieved a judgement at the state level and the original bill is beyond the SOL for you state. Can you still file a lawsuit at the FEDRAL level, if you can point out FDCPA violations in the original judgement?

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You may have a problem with claim/issue preclusion (res judicata or collateral estoppel) depending upon whether the CA was acting as the creditor or as an agent of the creditor. However, while I ligitate very few cases in small claims court, my recollection is that in Texas, a small claims case judgment cannot serve as the basis for res judicata. The same may be true regarding the case in your state.

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