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thistle

Filed against TU

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Have a question. I filed a complaint against TU for multiple violations of the FCRA - filed in small claims. Received a call from the attorney - told me he was filing a motion to have the case removed to Federal Court. Has this happened to anyone? Anyone know what I can expect from here? He did tell me that they would still be willing to talk and I did state my demands to him already (last tuesday), but haven't heard anything back yet.

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Getting it bumped to Federal is bad because it opens the door for all sorts of nasty lawyer tricks that us common folk don't understand. It also gives them a bit more control as to how the case proceeds than if you got to keep it on the state level.

Oh, apologies for not going more in detail to your PM last night...was in a rush. Anyhow, you should write down the exact violations they've committed, and then read them off to the guy you have(not sure why he asked what they did wrong, the suit should say what happened). State what you think you're entitled to(which you've already done), and make sure that it seems you're only begrudgingly talking settlement.

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Have a question. I filed a complaint against TU for multiple violations of the FCRA - filed in small claims. Received a call from the attorney - told me he was filing a motion to have the case removed to Federal Court. Has this happened to anyone? Anyone know what I can expect from here? He did tell me that they would still be willing to talk and I did state my demands to him already (last tuesday), but haven't heard anything back yet.

They can remove the case to federal court because you have stated a federal claim - FCRA. HOWEVER, they must remove within 30 days of when you filed it, and all defendants (if there are more than 1) must agree to removal. If it has been more than 30 days then you must file a motion to remand back to state court (filed in the federal court).

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It should also be pointed out for those who are pondering suing a company in the near future that you can KEEP a case at the state level by simply including a state statute in your complaint.

By that I mean if you include a violation of your states Consumer Protection Act, or a Trade Practices Act, or some other STATE level statute, they can't bump it.

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They did do it within the 30 days. Also, can't sue them for state violations as the state I am in does not have their own- they follow the federal laws. They can pull all the nasty lawyer tricks they want, I have enough in the family that they will pull me through it. :) I did write down all the violations they committed, I have to take the time now to print up all the letters I have sent to them. I actually have the same lawyer that was mentioned in another thread - Timothy Creech. Looking foward to seeing how this turns out. This is my practice for my case against experian.

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I agree exactly with what Xan stated for keeping it in the state court system. What state are you in? How much have you researched the state laws?

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Ya, I couldn't find any broad consumer protection law, just the consumer fraud act. However, you can take this one step further and read the state constitution. Then, you can say they are violating your state constitutional rights. For example, you can say that by not following proper procedures as required by federal law they are de facto depriving you of property by an inability to obtain credit...or something to that effect. Read the state constitution when all else fails. :) May not be a monetary violation, but that is what you can use the FCRA for. :)

From Article I:

1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

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Oh! good one md - I will have to read that over and use that! Hopefully they will contact me soon willing to settle. When the lawyer told me he was going to have it removed to the Federal Court I just told him that was fine. He started sputtering after I said that and that is when he said "that doesn't mean we don't want to talk to you anymore". I don't think he expected that response!

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:) Funny thing to me is that I didn't think of that before. I could have included that in my lawsuits.

Like already mentioned, it will be best to keep it in the state court system. It may be more difficult since you basically agreed to have it removed or it may just tick their lawyer off. You could tell him that under advice from counsel or from a lawyer (not necessarily your lawyer since you don't have one) you feel it would be in your best interest to keep it at the state level. I am not a lawyer, so maybe if either tx or ca lawyer said it you wouldn't be fibbing. :)

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Actually I would prefer federal court - it is more fair but there are more procedural items you have to watch out for. But the judges will probably help you along. I have found in state court that the judges are swayed by the same friendly attorneys they see every day.

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Also you want to get his costs up as soon as possible. When this guy files an answer to your complaint, send him discovery requests the next day. Do as many interrogatories, request for production, and maybe even try to depose the "person most knowledgable" at the company. The lawyer will complete freak out and they will settle quickly. It costs about $2,500 to open a file in one of these cases for the CRA.

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ronalddog - he did answer already - along with the request to have it removed. I received in the mail today an arbitration date from the court. It states both sides must send whatever they have to each other in lieu of discovery requests. So, maybe once he says all I have he will back down. If not, I will see him in arbitration!

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