I sued in Small Claims and now the OC is trying to move it to Federal Court

[manmetal]

Hello All,

I sued two OCs and all CRAs in small claims court. I followed all the rules and waited for the time to expire TWICE. I sent two letters to each OC asking to INVESTIGATE the accounts in question. Neither OC could come up with ANY documents and the only response was they had some tape recording of me and their reps. I asked for the tape recording and they have not provided them. I suspect they do not have a single document of these two loans accounts. This has been going on since Feb 08

I sued them all in small claims and I suppose they are desperate because one of the OC tried to say they did not come under the FCRA because they are a OC. I (of course), responded with some case law. Their next move was to try and move it to federal court and all the defendants agreed. Using 28 USC 1446 and a very flaky 28 USC 1331 (A federal Question ? ).

It seems to me they are trying to run up the legal costs to outspend me and not face the actual issue they have NO documents.

We are must be in court on Wednesday Aug 8 for the pretrial in small claims court.

So the question is what can I do to file a motion to stop transferring my case to the federal Court? I am thinking that good ground to oppose their motion is "Judicial Economy" and this is NOT a complex case. It could easily be settled in small claims.

Does anyone have any suggestions?

Thanks,

MM

[Focus2069]

Good luck, but because it is Federal Law, they most likely will get it remanded to Federal court. If you had some state law violations, it would give good reason to keep it in local court. Check up on your states laws, and amend your complaint.

[manmetal]

I may just be better off in Federal Court.... but we will see what happens

Thanks............

[Recovering Attorney]

they want to take it to fed court as the judges there understand the law and won't simply "home job" the defendants.

[Focus2069]

they want to take it to fed court as the judges there understand the law and won't simply "home job" the defendants.

Yup, the Federal court is also a helluva lot more formal than small claims, making it very hard for Pro Se plantiffs to suceed.

However, they may be shooting themselves in the foot, if you have a strong case, and are forced to get a lawyer, because then they are paying your lawyer fees as well if you win.

[manmetal]

I had to get a lawyer anyway (Girlfriend's father is one and is not charging much at this point)

I agree with you and I suspect if I were pure 'pro se' they would not have tried to move it but anyway I think we may fair better. I have not hit them up with a motion for "production of documents" yet but if they push it I will.....and I feel very sure they have none because I did not sign any documents... I hope to just settle with some kinda discount rather than go BK.

MM

[PrincessAmy]

If you're filing citing FCRA violations, then they have every right to bump it up to Federal court.

But good luck!

[manmetal]

Yes, I agree... I am trying to find some Florida State law to amended the complaint. On the Florida State Atty General website they advise to sue in small claim court for "Credit Issues" so I will use that webpage in a motion to deny moving it to Fed court. Nevertheless it may be better in Fed court.

[Methuss]

Common law libel and defamation of character may be sufficient to tie it to the local court. Florida does not appear to have a State equivalent to the FCRA.

[hiblues]

Bottom Line..

Do you have a winnable case?

if you owe it and they prove it, are you prepared for judgments and frivolous counter suits ( if applicable)?

also,

why have they taken this to the next level? - did you really piss them off?

If yes ( you have a winnable case), then consider proceeding..

but

If no.. than consider other options.

other thoughts...

They also may be taking this to the next level

to prevent precedence for future deadbeats to wiggle out of a legit debt....

as the famous Jack Nicholson line goes in "A Few Good Men" ; "You f#cked with the wrong Marine",

(or you may have f'd with the wrong Marine...)

Good Luck

[delphipgmr]

i have a thought on this, but i am not a lawyer..

if they havent filed a countersuit, couldnt you just dismiss your case without prejudice?

then if the amount is under $5000 and they want to persue YOU, they would have to file it in small claims in your area, then you could counter sue them with the case you have now.

or if they dont come back after you, sue them again in a few months in small claims.

the reason i said this, i had a lawsuit for a collection not to long ago, except i was not guilty, i had a cancelled check.. so after the first court date, i sent a copy of the cancelled check to the CA, and they did that, dismissed without prejudice.

couple years ago, i had a similar situation, except i counter sued, i proved my case to the CA (proof of payment), but they couldnt dismiss it unless i did too (since there was a counter suit) has to be a "join dismissal" and i did it with prejudice.

so my thinking is make them run around a bit, and if they come back, they will have to spend the money.

out of curiosity, who is this CA?