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Question re: Jurisdiction


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I'm about to file a handful of lawsuits (not quite on par with Trueq and the more litigious members of this board, but a rather respectable number, nonetheless :) )

Just wanted to make sure I'm clear on where they should be filed.

Most of the complaints I'm working on involve both FDCPA and state-law claims. My understanding is that, as federal law is involved and the CA is a foreign corporation, I'm limited to either federal or small-claims court (limited dollar amount, and magistrates tend to be pretty ignorant regarding consumer law). Is filing in state court not an option here?

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Federal claims are heard in state court all the time. Just make sure that the issue has not been preempted. Also check to see whether the defendants have minimum contacts with your state.

Incidentally, I would not sue were I you. I realize that you're angry, but you almost certainly lack the procedural and substantive expertise to do anything but waste your time.

Edited by Jimmyxx
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Start with one and learn all you can from the experience. Then file the others if you still feel the need.

It's very easy to lose a case on procedure. Don't lose them all at once.

You might find that this is not as easy as some people say ... litigation is a very difficult place to navigate Pro Se! Nascar is right ... try one and see what happens!

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I appreciate the constructive input.

This will be my first go at suing CA's on my own.

I had a positive experience w/ a NACA attorney who got a very difficult JDB off my CR's, collected from another JDB, and got me out of Wolpoff arbitration hell. The attorney, while effective, was not as aggressive as I'd like.

However, from reading this board and numerous other consumer boards, I feel ready to do this on my own. I'm armed with a file full of winning pleadings (grabbed from PACER and NCLC). I've studied the FDCPA/FCRA/TCPA for years, and have deleted dozens of collections account with this knowledge.

However, I will take this board's advice and start slow. One summons at a time.

First up: a tiny CA who sent about as stupid of a dunning letter as you possibly can.

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jimmyxx, you sound like a debt collector.

Because I don't tell you what you want to hear? I'm giving you the benefit of my knowledge, your lack of gratitude notwithstanding. The fact is that 99 percent of pro se litigants have no idea what they're doing. If they're lucky, they'll just wind up wasting their time. If they're not, they could wind up much, much worse off than when they began. But by all means, go ahead and dig yourself a deeper hole than the one from which you're trying to emerge.

Edited by Jimmyxx
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Because I don't tell you what you want to hear? I'm giving you the benefit of my knowledge, your lack of gratitude notwithstanding. The fact is that 99 percent of pro se litigants have no idea what they're doing. If they're lucky, they'll just wind up wasting their time. If they're not, they could wind up much, much worse off than when they began. But by all means, go ahead and dig yourself a deeper hole than the one from which you're trying to emerge.
He understands the pros's and con's,so if he files one,he can learn from that.As we have no understanding of his studying,its hard to know his knowledge of the court system.However small claims is not a good venue for consumer's.:)
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