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browniebrownie141

re: my FDCPA & FCRA case at small claim court transfered to Federal court by JDB's attorney !?

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Ladies/ Gentlemen,

 

I will need to some info and steps as to: How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ?

 

Here are some background info:

-Location: Los Angeles, California

-FDCPA & FCRA case

 

-Reason why I file my claim at this court house: ( what I wrote down on small claim court paper) –Where the violation(s) took place AND Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P]

See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89)

" Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. "

 

 

Now the details:

 

1 months ago, I filed the FDCPA and FCRA violations case at the small claim court Vs. JDB, but still with the Superior Court of California, Los Angeles county platform.

 

The court date set 2 months roughly from the filing date, now, 1 month to away from court date.

 

I just received a letter from JDB’s attorney, suggesting that my case has been moved to Federal level & they even provided with a case #.

 

However, when I checked my own case at lasuperiorcourt.org, my case summaries does not stated it has been moved. Still court date is the same, at the same superior court house.

 

  1. How do I check the case summaries at the federal court level ?
  2. The JDB’s attorney is asking for a telephone “meet & confer”, pursuant to Local Rule 7-3, can anyone tell me what is Rule 7-3?
  3. How do I bring my FDCPA and FCRA case back to Small Claims Court where I      originated ?
  4. They indicated their intention to file a motion to dismiss the case, (I am sure they will try ! ), I guess, I would need to reply the motion when I see it, right? And how many days ( time dead-line ) that I need to reply?
  5. Due to that fact that it is only 1 month away, I take it they are under pressure / deadline, right ? So how play this to ensure I get the most advantage when it comes to counting dates and most benefits for my case?
  6. Do I immediately file a motion in ( at which court) to stop their attempt to move my case? Or to move it back at Small Claim Court ?

 

Million thanks

 

 

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  1. How do I check the case summaries at the federal court level ?
  2. The JDB’s attorney is asking for a telephone “meet & confer”, pursuant to Local Rule 7-3, can anyone tell me what is Rule 7-3?
  3. How do I bring my FDCPA and FCRA case back to Small Claims Court where I      originated ?
  4. They indicated their intention to file a motion to dismiss the case, (I am sure they will try ! ), I guess, I would need to reply the motion when I see it, right? And how many days ( time dead-line ) that I need to reply?
  5. Due to that fact that it is only 1 month away, I take it they are under pressure / deadline, right ? So how play this to ensure I get the most advantage when it comes to counting dates and most benefits for my case?
  6. Do I immediately file a motion in ( at which court) to stop their attempt to move my case? Or to move it back at Small Claim Court ?

 

Million thanks

 

1.  You would need a PACER account to do that.  You can also call the clerk of the Federal Court.

 

2.  If you don't know what the rule is and how to answer it with the defendant you need to hire a lawyer.  Most likely it is a conference where the parties attempt to settle the case to avoid court.

 

3.  You can't.  The defendant has the right to remove it to Federal Court due to the laws being federal in statute.  You are going to have to litigate this in Federal Court and of all the courts the Federal level is VERY rigid on the rules of civil procedure, rules of evidence, and process.

 

4.  Yes, you should reply to the motion if you oppose it.  Check the Federal Court website for your district but it usually is 30 days to respond but could be as short as 10.

 

5.  The dates motions are due is NOT going to benefit you now that they have remanded this to Federal Courts. There is nothing to "play" in Federal Court this is not a game.  You really need a lawyer to help you as pro-se litigants fair VERY poorly in Federal Courts.  DO NOT let the nonsense Coltfan is spewing convince you that this is a cake walk.  This is serious and if you get it wrong you can end up owing the JDB all their attorney fees as he now does.

 

6.  You can file the motion but it will be denied.  I would spend the time looking for a lawyer to take this case.  The problem you are likely to have is most lawyers have a policy of not taking a case once a litigant has filed pro-se because they don't want to spend the time to clean up the mess the client made of it.  

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Brownie,

This is a fairly typical tactic when you file this type of action. Your action is based on Federal Law, thus they are saying that small claims court is not the proper venue for this type of suit. If you really want to bring this action based on Federal Law it should be in Federal Court.

Answers to Questions:

1. You will need to determine which District you reside in there is the Central District and Southern District down your way. The quickest way to check this along with the alleged Federal case number is find the web site for each district court and enter that case number. See what you get.

2. Once you determine which district court, you should be able to check the Local Rule they are referencing (7.3). More than likely you will need to supply contact information. I assume you did when you filed the small claims suit, so nothing different here.

3. I don't believe you will have any real opposition to bring it back. They know this and that is why they moved it to Federal Court. The Claims are based on Federal Law statutes, thus Federal Court. If you claim also had Rosenthal Statutes included, which is the State of California mirror statutes, you might have an argument, but generally there is no going back.

4. Again pretty standard practice on the motion to dismiss, you will need to check to see who or if filing fees need to paid at the Federal level. I believe if they forced the move, they pay the fees', but I am not certain on this. Also, I believe they could seek fee reimbursment if the win the MTD. Something to be mindful of...

5 and 6, Since they have moved this to Federal Court I would first seek out an attorney, and have them see if they are interested in the case. Federal Court is a big step up from small claims, unless you have alot of time to really learn, might be best to get some help....

As in #1 you really need to find out if and what court this is in, don't assume you are still on the small claims calendar, know that you are or are not. Once you have this then you and we can give you more insight.

Best of Luck

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Here is the local rule referenced from the Central District Court-

LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA

L.R. 7-3 Conference of Counsel Prior to Filing of Motions.9 In all cases

not listed as exempt in L.R. 16-12, and except in connection with discovery

motions (which are governed by L.R. 37-1 through 37-4) and applications

for temporary restraining orders or preliminary injunctions, counsel

contemplating the filing of any motion shall first contact opposing counsel

to discuss thoroughly, preferably in person, the substance of the

contemplated motion and any potential resolution. The conference shall

take place at least seven (7) days prior to the filing of the motion. If the

parties are unable to reach a resolution which eliminates the necessity for a

hearing, counsel for the moving party shall include in the notice of motion a

statement to the following effect:

“This motion is made following the conference of counsel pursuant to L.R.

7-3 which took place on (date).”

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This 166 page guide for federal pro se litigants was prepared by the federal district court of the Southern Dist of New York.  Nevertheless, most of it is applicable to all fed dist courts.  You need, however, to become familiar with your own local rules of court.

http://www.nysd.uscourts.gov/file/forms/pro-se-litigants-manual

 

 

You will also need to become familiar with the federal rules of civil procedure and the federal rules of evidence.  You can Google them.

 

There is nothing you can do to stop removal, but they must do it within 30 days.

 

Pro se litigants really need to be well-prepared before they file a FDCPA lawsuit.

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Dear All:

 

Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P]

See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89)

" Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. "

 

Honestly speaking, I saw that there were posting from different places that they were trial at Small Claim Court, and the one I filed, locates right on the platform of Superior Court of California, it's NOT that I was surprised they try to move to Fed court, but I am surprised that I can't have my case trial at that particular small claim court.

 

Does'nt the above RULE, already enpower the Superior Court of California-Small Claim Court I filed, to trial my case ?

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@debtzapper:

 

Thank you so very much, I mean it, and I will need to read it the book you provided.

 

You mentioned

"There is nothing you can do to stop removal, but they must do it within 30 days.",

 

Can you tell me what do you mean by this ?

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You're better off in Federal Court than in state court, as long as you familiarize yourself with the rules. The judges are more competent, they tend to know the law better, and you're far less likely to receive prejudicial treatment as a pro se litigant.

 

Now that you are in Federal Court, you might take a close look at your complaint in order to determine whether you want to amend it (see Rule 15). I find quite often that state court complaints, especially those done on preprinted court forms, are lacking in detail and, once removed to federal court, may make the litigant more susceptible to a Rule 12 motion. The defendant has pulled you into the "deeper water" of federal court, in order to gain an advantage over you. Post a copy of the allegations in your complaint here, and the nice folks here will help you turn the tables on your debt collector.

 

If you really want to gain an advantage, go find a NACA consumer lawyer who handles FDCPA and FCRA claims. Once he or she files an appearance in your case, watch how quickly things change.

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Nascar gave you excellent advice.  You are better off in fed dist crt and you will be better off with a knowledgeable, experienced consumer lawyer.  If they take your case, it shouldn't cost you anything, because if you win, you will get statutory damages (maybe actual) and your attorney will get paid.  The FDCPA provides for attorneys fees.   Why spend all your time working up and presenting your case and worrying if you are doing it right (and if you have to everything exactly right or you will lose) when you can have someone do all the work for you?

 

Try www.naca.net,   www.attorneysforconsumers.com ,  the law firm of Hyde and Stewart.  There are many consumer lawyers in L.A.  Get several consultations, which are all free.  Be assured that the law firm opposing you is relishing the thought of running over an inexperienced pro se litigant.  You are a newbie and they know it.  But if you get a good consumer lawyer and you have a solid case,  your case may well settle without a trial.

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@ nascar & @ debtzapper:

 

First of all, thanks for your reply, you both provided me with valuable info.

 

Regarding the " they must do it within 30 days" ....if I understod correctly after reading, meaning they must filed the request moving to Fed court within 30 days after they received the Summon, right !?  

 

As I looked at my summon papers again, I confirmed that it was filed back in middle of September, and the set trial date is AFTER 20th of November. So, the 30 days-cut-off is right these few days.

 

I checked the lasuperiorcourt.org last night and I went to the Superior court during lunch today, from the website and spoke to court filing clerk, both, gave me the understand nothing has changed, at the superior court level, ( or perhaps in transition?)

 

Because I don't have a pacer account, I would need to go to Fed court tomorrow during lunch, to inquire about the actual status.

 

2 things so far, seems uncertain.  

 

#1: the so-called case # ( fed ) the JDB's attorney gave me, some-how looks a little odd, I tried using some website to pull put some fed court calls, using the case# , I was unable to locate.

 

#2: The status of the case-- really going to Fed ( in transition) or what ( 30 days passed they could'nt )?

 

Hopefully, I would able to find out tomorrow and give you all the status !

 

 

Million thanks

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You're better off in Federal Court than in state court, as long as you familiarize yourself with the rules. The judges are more competent, they tend to know the law better, and you're far less likely to receive prejudicial treatment as a pro se litigant.

 

Now that you are in Federal Court, you might take a close look at your complaint in order to determine whether you want to amend it (see Rule 15). I find quite often that state court complaints, especially those done on preprinted court forms, are lacking in detail and, once removed to federal court, may make the litigant more susceptible to a Rule 12 motion. The defendant has pulled you into the "deeper water" of federal court, in order to gain an advantage over you. Post a copy of the allegations in your complaint here, and the nice folks here will help you turn the tables on your debt collector.

 

If you really want to gain an advantage, go find a NACA consumer lawyer who handles FDCPA and FCRA claims. Once he or she files an appearance in your case, watch how quickly things change.

 

 

                 All of this.    You're far better off dealing with a federal judge than a local magistrate or a justice of the peace.   If you present a competent, coherent case and study up, I'd say your odds are significantly better.   If you really want to improve them, as the poster above mentioned, go find a NACA attorney who can handle this case for you and has a top-notch understanding of the rules and procedures that are far more strictly enforced in a federal court.

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Because I don't have a pacer account, I would need to go to Fed court tomorrow during lunch, to inquire about the actual status.

 

You can get a PACER account here:

http://www.pacer.gov/reg_pacer.html

 

There is no registration fee and you pay $0.10 per page but they don't bill you for anything less than $5 or something over a 3 month period.  If you're only looking up your own case, you shouldn't have any problem staying under the $5.

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@ nascar & @ debtzapper:

 

First of all, thanks for your reply, you both provided me with valuable info.

 

Regarding the " they must do it within 30 days" ....if I understod correctly after reading, meaning they must filed the request moving to Fed court within 30 days after they received the Summon, right !?  

 

As I looked at my summon papers again, I confirmed that it was filed back in middle of September, and the set trial date is AFTER 20th of November. So, the 30 days-cut-off is right these few days.

 

I checked the lasuperiorcourt.org last night and I went to the Superior court during lunch today, from the website and spoke to court filing clerk, both, gave me the understand nothing has changed, at the superior court level, ( or perhaps in transition?)

 

Because I don't have a pacer account, I would need to go to Fed court tomorrow during lunch, to inquire about the actual status.

 

2 things so far, seems uncertain.  

 

#1: the so-called case # ( fed ) the JDB's attorney gave me, some-how looks a little odd, I tried using some website to pull put some fed court calls, using the case# , I was unable to locate.

 

#2: The status of the case-- really going to Fed ( in transition) or what ( 30 days passed they could'nt )?

 

Hopefully, I would able to find out tomorrow and give you all the status !

 

 

Million thanks

They maybe bluffing or not, but remember they referenced rule 7.3 which says they need to attempt to solve the issue via Meet and Confer, prior to filing for removal. Since you haven't spoken, I assume, they maybe waiting till the last day to file the Motion to Remove...thus you aren't finding any filings in either court.

Just a thought, then again maybe a bluff also. 

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I have not seen statistics on how the pro se fairs in federal court regarding civil action wins. I have recently come across some data and insights for The Pro Se Felony Defendant: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=901610
CONCLUSION
The data in this Article begin the process of establishing that “in
general, the right to represent oneself furthers . . . the Constitution’s
basic guarantee of fairness.”257 The select few felony defendants who
choose self-representation do not appear to suffer significant adverse
outcomes from that decision, and the right therefore does not appear
to infringe defendants’ due process fair trial rights.

 

And some raw numbers for both criminal and civil pro se vs. represented in federal court: http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2012/appendices/C13Sep12.pdf

 

My guess is that self-represented felony defendants take their cases very serious. I would recommend treating civil actions with similar gravity, assuming it is important to prevail.

 

I have not seen the statistics that indicate that civil "pro-se litigants fair VERY poorly in Federal Courts". Having "played" in small claims and justice court I would much prefer the presumed rigid rules and competent judges of a federal court, even with my being a virgin in that particular forum. I definitely prefer superior court over justice court from my experience. I am also confident that I am willing to learn and do whatever it takes to win in any litigation. A lawyer that isn't motivated to win or is incompetent will fail just as quickly as a clueless pro se. Granted, I will not bring an a weak case before any court, much less a frivolous one. I like to pick my battles. Unfortunately, opposing often picks a battle with me and I am drug into their drama.

 

If a lawyer is incapable or unwilling to "fix" my pro se pleadings they will not be getting paid a dime for representing me as they have self-selected themselves as not being qualified to work with me. Opposing's lies and distinguished case law will make my pleadings look like smooth sailing. The last thing I want is lazy or incompetent representative. I demand more of myself than that. I would quickly move on to qualifying the next attorney if that occurred. If no attorney will touch the case I would seriously review the merits of my case. If I like the merits I would then review my abilities and see if moving forward on my own was the proper course of action.

 

I play to win in court. It is a very serious game to me. I am willing to do what it takes to win. Those not willing to do such should avoid "playing" this game. It is a "game" solely for engaged and hard-working adults IMHO.

 

If I were to ever lose to a JDB and owe them attorney fees I realize there is a huge difference between being owed fees and actually collecting them. The game continues after any "loss" for me and I plan on reversing the loss (if possible) or winning the next step in the process. If I were to stay up nights seriously worrying about a possible judgment for JDB attorney fees I would not choose to engage them in litigation, with or without representation. Litigation is all about risk management. If you don't fully understand the rules, procedures, the evidence, and the quality of the case it is my opinion that there is not a proper understanding of the risks and that would be truly frightening to me.

 

I would strive to make the rules my best friend and opposing's worst enemy.

 

I don't file futile motions moving the court or opposing a movant. I would not see that as a good use of my time.

 

Best of success to the OP in navigating a quickly moving and unforgiving landscape.

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Gentlemen and Ladies,

 

Just came back from Fed Court in downtown Los Angeles. Here are the info I obtain:

 

1. As I mentioned, I filed the papers at Superior Court of California/ Small Claim Court dated mid-of september. And the date they made the move of notice was more than 30 days, 32 days to be exact.

 

2. Now the case is in transition to Fed. Court.

 

3. They already filed the "motion to dismiss", just 2 days after they sent me that "Meet & Confer" letter. And I notice the zip code they wrote on the FedEx envelope for the meet and confer letter is incorrect zip code, I was surprised to see it took 3 days toget to me ( overnight ), now I understood.

 

4. which means, the Meet & Confer” letter they sent, merely is a window dressing. The fact that they file 2 days after senting the letter to me with the wrong zip code.

 

5. Motion hearing date is set in December.

 

6. I am getting the info listed above from the court filing clerk and thru the pacer account at the court.

 

7. I have not received the motion papers yet.

 

 

Now, given the situation, I know I will need to reply the motion and reply their window-dressing Meet & Confer letter.

 

Question

 

-1. How can I strike them that they filed the motion merely 2 days after window-dressing Meet & Confer letter- ( & with the incorrect zip code)

 

-2. Also, given they passed 30 days deadline ( but they still able to move my case, how do I go by making an object and stating the fact that they passed deadline?

 

-3. I will need help on reply the motion.

 

 

I will post my original complaint with small claim court/ superior court of California/ los angeles county for your all to view, someone mentioned that I should take a closer look to determine if making amendment makes sense.

 

Million thanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Also, from some info I read:

 

-- for motion without deadline, the party making the motion "meets & confers" with opposing party at least 10 days before filling & serving the motion.

 

--for motion with deadline, ....at least 5 days before filling & serving the motion.

 

It seems to me, that if they are not following the steps......

 

Given the fact that they really missed the 30 day deadline, how do I bring the case back to Small claim court/ Superior Court of California platform?

 

And should I file Cross-Motion to not only strike their "motion to dismiss", but also bring back to Small claim Court, & ask for sanction $ for my drafting & asking the motion ??

 

I notice some of you express that it may be better off to have the case trial at Fed court, but I feel that because I am not really familar with Fed Court Rules, and the fact that Small Claim is a more level-playing field as they would not have attorneys, and less stressful,...& faster....

 

Million thanks

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Also, from some info I read:

 

-- for motion without deadline, the party making the motion "meets & confers" with opposing party at least 10 days before filling & serving the motion.

 

--for motion with deadline, ....at least 5 days before filling & serving the motion.

 

It seems to me, that if they are not following the steps......

 

Given the fact that they really missed the 30 day deadline, how do I bring the case back to Small claim court/ Superior Court of California platform?

 

And should I file Cross-Motion to not only strike their "motion to dismiss", but also bring back to Small claim Court, & ask for sanction $ for my drafting & asking the motion ??

 

I notice some of you express that it may be better off to have the case trial at Fed court, but I feel that because I am not really familar with Fed Court Rules, and the fact that Small Claim is a more level-playing field as they would not have attorneys, and less stressful,...& faster....

 

Million thanks

That small claims stuff doesn't appear to be really working out as less stressful and faster IMHO.

 

I am unfamiliar with anyone actually being granted sanctions against DC counsel. It is probably a relatively uncommon event. I would want to fully understand all the situations, in my jurisdiction, that could precipitate in an issuing of sanctions by the court. This might be a partial picture in CA: http://law.onecle.com/california/civil-procedure/128.7.html

 

I have not been there and done that but if there is a procedural snafu moving to federal court I would speculate that opposing would be allowed to fix their mistake and try again. Others with actual experience made have a better idea of the process. My guess is that small claims is more than happy to see this move off their docket.

 

Good luck on getting sanctions granted. As always, I am rooting for the OP.

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They maybe bluffing or not, but remember they referenced rule 7.3 which says they need to attempt to solve the issue via Meet and Confer, prior to filing for removal. Since you haven't spoken, I assume, they maybe waiting till the last day to file the Motion to Remove...thus you aren't finding any filings in either court.

Just a thought, then again maybe a bluff also. 

 

You're misinterpreting. Local Rule CD Cal Local Rule 7.3 the good faith conferral rule. I am not aware of a federal district that does not have a variation of this rule.  It does not apply with respect to removal to federal court. In any event, removal is done through notice, not on motion.

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Also, from some info I read:

 

-- for motion without deadline, the party making the motion "meets & confers" with opposing party at least 10 days before filling & serving the motion.

 

--for motion with deadline, ....at least 5 days before filling & serving the motion.

 

It seems to me, that if they are not following the steps......

 

Given the fact that they really missed the 30 day deadline, how do I bring the case back to Small claim court/ Superior Court of California platform?

 

And should I file Cross-Motion to not only strike their "motion to dismiss", but also bring back to Small claim Court, & ask for sanction $ for my drafting & asking the motion ??

 

I notice some of you express that it may be better off to have the case trial at Fed court, but I feel that because I am not really familar with Fed Court Rules, and the fact that Small Claim is a more level-playing field as they would not have attorneys, and less stressful,...& faster....

 

Million thanks

Frankly, I am suprised you didn't realize that filing an FDCPA/FCRA suit in small claims was the first mistake. Small claims is a local yocal court, where the Judge Judy's of the world get their start. New Judges that are trying to learn to be a judge. You want this court to hear a case based on Federal Statutes?

If your case is worth a dam, any good consumer attorney will take it now that it is in Federal Court. If your case is shakey or a stretch then you will fail no matter which court you are in.

My point is you have been given some good idea's about how to proceed, and your only goal is to get back to the Kanagroo small claims court. I suspect to do this you will need to file a Motion to Remand it back in Federal Court. This means you will be needing learn the procedure and timing to get the Motion Heard. If you are going to go to this much trouble, why not stay in Federal Court?

It is no big suprise that the otherside is taking advantage if you based on rules and procedures, this will continue until you get some help (an attorney) or spend a good amount of time in the Rules of Civil Procedure.

Civil law is about taking advantage of the otherside and pushing the rules to create leverage so the otherside doesn't want to continue any longer, they are doing the pushing right now. What you really need to do is get some help and say thanks for moving this to Federal Court, now my attorney will take over, billing at $300 per hour to deal with my claim...

Remember your end if you win in any court is max $1K, on the FDCPA, and unless you have some real damages on the FCRA, you only get your costs. If you can get an attorney involved and you have a real claim, their exposure goes up quickly because attorney fees are involved.

Finally, in Federal Court verses Small Claims, attorney fees, cut both ways. You loose a motion you could be on the hook for the fee's for the motion...Get some help or spend some real time learning....

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You're misinterpreting. Local Rule CD Cal Local Rule 7.3 the good faith conferral rule. I am not aware of a federal district that does not have a variation of this rule.  It does not apply with respect to removal to federal court. In any event, removal is done through notice, not on motion.

Point taken, I just thought I would find the rule they referenced and post. I certainly am not an expert on the Federal District court. Thanks for the clarification.

Overall I think the OP needs an attorney if they really have a case. Filing in Small Claims seems suspect on success for the OP to begin with.. 

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 ...

It is no big suprise that the otherside is taking advantage if you based on rules and procedures, this will continue until you get some help (an attorney) or spend a good amount of time in the Rules of Civil Procedure.

...

True.

http://www.beckhamlaw.com/Articles/Removal-to-Federal-Court-Why-When-and-How.shtml

Removal to Federal Court: Why, When and How?

by Eugene G. Beckham

I. WHY REMOVE A CASE TO FEDERAL COURT.

Possible Advantages.

A plaintiff generally gets to pick the forum and venue and this is one way to disrupt his/her possibly well-planned approach and to level the playing field. The removing party may have better familiarity with federal rules and procedural requirements. Plaintiff would have filed the action in district court if he/she wanted to try the case in federal court.

...

Maybe a plaintiff believed they would be happy to play in federal court and knew that the defendant would likely choose to pay the federal filing fees of $400 ( http://www.cacd.uscourts.gov/news/new-50-administrative-fee-filing-civil-action-suit-or-proceeding-district-court-effective-may-1 ) to remove to federal court while the plaintiff merely paid the small claim fees. Meanwhile the plaintiff has already drafted their federal complaint (or added counsel to draft it) anticipating the removal. Of course, the plaintiff doesn't believe that the defendant will be the prevailing party and have any opportunity to recoup those taxable costs.

 

Having never been to federal court I don't know if the previous paragraph is a valid plan of action or not. I do know these type of decisions can provide leverage and I am always looking for leverage in litigation or negotiations. Therefore, I would be thinking about and dissecting such possible plans well in advance of filing any action.

 

Gotta love all those rules:

http://www.cacd.uscourts.gov/e-filing/initiating-documents

Initiating Documents

FAILURE TO COMPLY WITH THESE REQUIREMENTS MAY RESULT IN SANCTIONS.

Civil Case-Initiating and Claim-Initiating Documents

 

Pursuant to Local Rule 3-2, all civil case-initiating documents (such as complaints and notices of removal), other claim-initiating documents (such as third-party complaints, amended complaints, complaints in intervention, counterclaims, and crossclaims), and amended case- or claim-initiating documents must be filed with the Clerk in paper format, rather than electronically. In addition, conformed, “Filed”-stamped copies of all such documents must be e-mailed to the Court in PDF format by close of business the following business day.  E-mails should be directed to the division to which the case is assigned, as follows:

...

I find it pays to be planning a couple of moves ahead in litigation. If a notice of removal was a complete surprise to me I would consider myself several steps behind opposing. Yes, I have been there shaking my head. In hindsight whatever surprised me should have been anticipated.

 

While focused on Kansas employment law, this outline from 1999, seems to have some good insights on removal: http://uscourtsgov.info/notice-of-removal-explanation.pdf A similar outline, perhaps a bit more current and for the appropriate jurisdiction would probably be a valuable aid to me, assuming I lacked competent attorney representation that was comfortable winning (or more likely forcing favorable settlements) in federal court.

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Perhaps I did'nt have a chance to explain my overall situation:

 

1. On 1 hand, JDB's came back with their repsonse on my discovery ( the case they sue me for debt collection), they revealed with their own writing that pormpted me to go for MSJ. and I just finished the filing for MSJ on that case.

 

2. Having said that, I am using what their response from discovery in writing, to use it Vs. them in FDCPA & FCRA case.

 

3. I guess, I am trying to simplify my over-all work-load, the small claim, would surely takes less time, and simplified. That's the only reason.

 

4. In any given case, disregarding state/ or federal, the losing party mostly may face the attorney cost from the winning side, I know that, so this is not something we can control, we all face the same.

 

5. If I presented myself in a certain way somehow/ somewhat offend anyone of you, I apologize here. It just that, dealing with 2 cases one @ State level & another at Fed level,....I am worry somehow I will mess up.

 

Once again, Million thanks and feel free to jump in to cast your opinion/ thoughts.....

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