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Sued by JHDPE Finance 1, LLC they bought my Citibank debt


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58 minutes ago, BV80 said:

I don’t know that this is a matter of consumer-friendly vs. nonfriendly courts.  It’s a matter of contract and the law.  Consumer-friendly courts can make mistakes just as often an nonfriendly courts.  That’s the purpose of appeals.

But no court, small claims, superior, appellate, or supreme, can add to or take away from a contract or the law.  Well, they can rule that terms in a contract are unconscionable, but aside from that, they can’t add or take away terms.

This isn't taking away from or adding to the contract.  This is interpretation of the contract.  

Small claims exemptions normally state that the exemption applies if the case is in Small Claims, and REMAINS in Small Claims.  That could be interpreted as being if the case is removed to Federal Court, then the Small Claims exemption no longer applies.

That could also mean that a trial de novo when a small claims case is appealed to a higher court could remove the small claims exemption.  The case is no longer in small claims, therefore the exemption no longer stands.

Whether or not a judge is consumer friendly makes a HUGE difference.  Like it or not, there are judges who simply rule however they feel like ruling.  For example, a friend of mine in a less consumer friendly county in Wisconsin had a horrible ruling just because the judge felt like ruling that way.  We have seen many situations on CIC in which judges made horrible rulings against debtors just because.  Therefore consumer friendly judge and a consumer UN-friendly judge might make completely different rulings just because.  

And yes, this could possibly be a way around the small claims exemption in states where there is an automatic appeal with the case being de novo.  It is no longer in small claims.  As I said, my memory isn't perfect, but I think I recall a thread on CIC where a poster in Dane County, Wisconsin, had a Circuit Court judge rule that the small claims exemption wasn't applicable when the case was appealed to Circuit Court.  IIRC, the plaintiff in the case was erroneously claiming a small claims exemption that didn't exist, and the judge said even if the small claims exemption existed, it didn't apply to Circuit Court.  

OTOH, an appeal which is NOT de novo would be a different matter.  

My point is: I don't know what the appeals process is in Georgia.  It appears to require a bond, which is not very helpful to the OP.  If it is not de novo, it is not helpful to the OP.  If the judges just like to rule against alleged debtors, it is not very helpful to the OP.  

 

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