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Hi.  I think I may need to sue Verizon and the cra's for FCRA violations.  How do I determine the proper venue?   I have been searching all evening for this information, how to determine proper venue, and cannot seem to get any search to give me a clue as to which court I must file in!

 

My local small claims court does not accept such cases, and I am not intimidated by Federal District Court, but my County District Court would be much closer for me. 

 

Thank you in advance for any assistance.

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the proper or most convenient location for trial of a case. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.

 

Venue under our law is a concept distinct from juridiction, which focuses on the authority of a court to hear a particular case. Venue is concerned with the location of the court where a lawsuit is commenced. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment.

 

go to your state government web site and look up the rules of trial procedure, it will tell you which court in your county to file a civil action. Unless your county has a small claims court that is separate from the other courts, most civil actions are filed in your county's' circuit court. Some state have a set dollar amount that you can not exceed in small claims court, if your claim is for more than that you will file in one of your county's superior courts.

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I almost always file in my local state court and wait for them to remove it to federal court. The only time I have not had one remove to Federal was where I was suing a local CA for TCPA and State violations. They had no grounds to remove since they were incorporated within the state and TCPA proper venue is state court unless you exceed the $75,000 limit or there is diversity. Then they call and try and intimidate you that it is now in Federal Court, hoping you will get scared and dismiss.

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Thank you SO much for the helpful replies. 

 

Had a brilliant conversation with "Bev" from Equifax this morning.  The conversation was not about the Verizon thing, but a separate matter.  I received a confirmation on Jan. 7th that they and/or CSC had removed a dismissed bk from my credit report.  But when I checked my report again last night it was back on there.  I had not received notice of reinsertion.   She said "We don't follow Federal Laws anymore".    My jaw dropped.  ORLY?  I'm sorry.  I didn't understand what you said.  Can you please repeat that?  "We don't follow Federal Laws anymore". 

 

Am I missing something?  Like... did I wake up on a different planet this morning or what? 

 


PS:  When I finally got ahold of a live person at CSC, they corrected it.  Admitted it was a mistake and it was supposed to have been deleted.

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I almost always file in my local state court and wait for them to remove it to federal court. The only time I have not had one remove to Federal was where I was suing a local CA for TCPA and State violations. They had no grounds to remove since they were incorporated within the state and TCPA proper venue is state court unless you exceed the $75,000 limit or there is diversity. Then they call and try and intimidate you that it is now in Federal Court, hoping you will get scared and dismiss.

 

I'm not the least bit intimidated by Federal Court.  I successfully defended against a claim by the IRS without an attorney to represent me in Federal Court.  The IRS attorney shook my hand and congratulated me on a well organized case.  And another attorney called me later and asked my legal background.  I would not be opposed to bringing my suit in Federal court in the first place, as ironically enough, I am more comfortable with Federal Procedures, and my local Federal Judges are awesome individuals, whom I respect and admire.  But the local court is closer and would mean less gas and travel time.  And even that could even change in March.  The reminder above by BTO429 about the difference between jurisdiction and venue was quite helpful as well. 

 

I know how to ride this horse, I just need to get back on it.  It's been a while.   :-)  Thanks again, all.  xoxo!

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You can sue locally if there is a registered agent in your state/county/city.  Do a look up:

 

http://en.wikipedia.org/wiki/Registered_agent

On the topic of registered agents, I found this link that apparently lists and links where to look them up for every state.  It might be a helpful resource for others. 

 

http://www.registeredagentinfo.com/

 

I have no affiliation with that site.  Just googled upon it.

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I almost always file in my local state court and wait for them to remove it to federal court. The only time I have not had one remove to Federal was where I was suing a local CA for TCPA and State violations. They had no grounds to remove since they were incorporated within the state and TCPA proper venue is state court unless you exceed the $75,000 limit or there is diversity. Then they call and try and intimidate you that it is now in Federal Court, hoping you will get scared and dismiss.

 

Unfortunately, per "Mims v. Arrow Financial," (S.Ct. 2012), all TCPA cases, regardless of amount or diversity,can now be brought in or removed to, federal district court.

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