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I just recieved a Motion to dismiss my case from the University I'm suing. They claim that my case relies upon a federal statue that confers no private right of action upon me, the court lacks subject matter jurisdiction to hear the claim and must dismiss the complaint Karpoff vs Holladay (DC 1977). Also only the Federal Trade Commission can seek punitive damages. Essentially, they assert that the FCRA does not confer upon me a private right of action to enforce the statue that I claim they violated. What should i do i'm only armed with the ebook on small claim at this website. Also I can't attend the hearing of the day its schedule. Therefore, Im writing a letter to the judge so that he want dismiss with prejudice. For more facts about the case just look under my user name.



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Well number one you need to go to the hearing. You have GOT to go.

If you have to take off work or something you need to be there. Judge's do not look good on people not showing up. At least file a motion for continuance.

You DO have a right to action in the FCRA.

We need some more information before we can really say what or how you can respond.

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I can't make it to the hearing, However, I'm writing a letter to the judge. I don't want the case to be thrown out with prejudice. Essentially, I'm followed the guideline from ebook suing your creditors. The University collection department attempted to "reage" a 15yr old account by putting it as current 2003 and changing the account number. I had equifax supervisor call the university collection and they lied and say the account was new. Now according to the ebook i calculated each offense was a total about 4k plus punitive damages. The University came back with a motion to dismiss stating not me but the FTC can only impose the fine and seek punitive damages. However, in the ebook Nelson vs Chase I thought i had that right to sue . Can any one help

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Yes you have the right to sue under the FCRA the question here is WHICH section codes from the FCRA did you use in your compaint to generate that answer?

Some sections do not in fact have private rights of action.

Accuracies and other issues do in fact have private rights of action but must be referenced by their proper section numbers in the complaint.

There are parts of the FCRA reserved exclusively for the FTC for enforcement you cannot collect on these at all.

You cannot collect a fine persay.

What you can collect is called statuatory damages either your real damages or $1,000 per violation which ever is greater.

Provided everything is as you say, and provable in open court.

You cannot write a letter to the judge, you are NOW in legal proceedings. You must conform to the rules. File a motion of continuance with the clerk and be done with it. You may not privately communicate with the judge without copying the other party to the lawsuit or having their presence in open court while you speak to him.

* I am not a lawyer and this is not legal advice. Please consult an attorney.

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