Sign in to follow this  
Auntnana

Success in court today!!! I think. Need help

Recommended Posts

Had my court date this morning against TransUnion. They failed to investigate since June 03. I filed in Dec for $5k. I got a call from their lawyer last week, faxed him all the paperwork, never heard back from him.

Went to court today and they didn't show. Was granted judgement by default for total $5k! WOOHOO!

Here's the tricky part. When I got home there was a FedEx package leaning against my door. It was from a different lawyer group representing TU. From all the Legalease here's what I've got. The lawyer mailed a letter to the Federal court clerk on the 12th that says " Enclosed please find Defendant TransUnion LLC's notice to state court of removal the above referenced matter. Please return a stamp filed copy to me in the envelope provided." Another letter they mailed to the general sessions court stating they had filed to have the case removed. And another letter to the federal court which I'm not at all worried about that says TransUnion did nothing wrong, the statue of limitations has expired, and they want the case dismissed. I filed in December for violations in June and October so I don't know where that's coming from!

Since I didn't sign for the Fedex, no one did actually they just left it, they have no proof that I was ever given notice but that's kinda moot. My questions are:

Just because they filed to have it removed, will it be?

If the general sessions court had actually received notice of the removal filing, wouldn't the Judge have said something about it this morning?

Since the Judge already ruled on the case, can it still be removed to Federal court?

If the ruling today stands up to the removal issue, how do I get TransUnion to anty up or will the court do that?

Any and all advice is greatly appreciated!

Share this post


Link to post
Share on other sites

Once the notice of removal is received the case is "automatically" removed to the federal court. The state court no longer has jurisdiction over it.

There are several grounds for having it remanded back to the state court, and you need to see if any of them apply to your case:

1. Generally, must file notice of removal within 30 days after service

2. Federal court must have jurisdiction (are your claims only FCRA or do you have any state claims?)

3. If more than 1 defendant, all defendants must join in removal.

4. Removal must be to the federal court for the district and division within where the state court lawsuit is pending.

If you have an argument for any of these, you must file a motion to remand within 30 days.

Share this post


Link to post
Share on other sites

Another thing, since the remand probably wasn't received by the state court prior to your hearing, you should file the state court summary judgment order with a letter saying that the defendant did not send the federal court a copy of all orders as required by 28 U.S.C. § 1446(a). TU will surely try and contest the summary judgment, and will likely win, but at least will cause them a hassle.

Share this post


Link to post
Share on other sites

And this, kiddies, is why you always, always, ALWAYS include a state statute in your lawsuits for FCRA/FDCPA violations. TU loves moving these things up to Fed court. Trap em in the state level.

Share this post


Link to post
Share on other sites

I did indeed include a state statute, underneath the tiny one line available for me to write on.

So does that mean it can't be removed or I need to file to get it sent back?

If it gets sent back, does that mean I have to go back to court again?

Share this post


Link to post
Share on other sites

With a notice of removal it is automatically removed. You MUST file a motion for remand within 30 days to try to get it back to state court. The fact that you included a state claim does not mean that the federal court does not have jurisdiction: you can just try to argue that your claims are predominately state claims that would be better adjudicated in state court: find an argument for it.

Share this post


Link to post
Share on other sites

I don't understand this. If they don’t show up and you get a default judgment, all they have to do is file to get the judgment removed? Why would they ever bother showing up then, all they would have to do is keep never showing up and removing it. What am I missing? I always thought that if you missed a court case, you are screwed. Why do businesses get the advantage?

Share this post


Link to post
Share on other sites

They are not filing to get the judgement removed.

They 'apparently' filed to get the lawsuit removed to federal court before the judgement was ever rendered.

If this is the case, I believe it is like the judgement never took place...not that they were able to get it vacated.

Share this post


Link to post
Share on other sites

A couple more questions:

The letters I got were just copies of what was sent to the Federal Court. Nothing stating the Federal Court actually received them.

The agent was served on Dec 15th so when do I start counting days? If I count the 16th as my first day then today is the 30th day. If I count the 15th, the day they were served, then the time was up yesterday right? Amazing how one day could mean so much! I'm hoping that since the state hasn't received the paperwork then neither has the feds.

Also along the same lines, since the lawyers mailed in their paperwork to the feds, is the filing date the date on the letter, the date the court received it int he mail, or the date they court processed the paperwork and actually stamped it?

Share this post


Link to post
Share on other sites

I am confused too -- if they didn't file in time to have the case removed (which evidently they didn't, since the judge didn't seem to know anything about it), then won't the default judgement stand?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this