Those who've sued and won vs. CAs for FDCPA violations: Was it a separate lawsuit from the one they filed against you?
Only as a Plaintiff . . . never been sued. I find it best to file in your state court of record (Circuit in most states). Cheaper and the judges are just as good. If they want to remove to federal, let them.
Here at least IME District Court just does not understand like Federal Court does ,and Federal Court has done very well by me and others. If I thought District Court would do right by me and the many violations I have had against JDB's then I would be in that court, as it is MUCH closer and a lot easier and cheaper. Woofer
I'm 1 for 1 on FDCPA suits in small claims. We settled before it went to trial. That was my goal, but I was ready for the full-deal. My guess is it was cheaper to pay me off than for them to spend more money on the lawyer's hourly rate. Even still, it was a pain in the butt, but I was really steamed and I can get rather obsessive in those circumstances Pros to small claims: cheap, easy, local. Cons to small claims: hard to look up past cases, judgments, procedures, etc. Not as intimidating as a federal case, if that matters.
I was treated arrogantly by the district court judge (he told me and I quote"YOu owe the debt so you must as wel pay up and get this done with" THIS IN PRE TRIAL !!!!!!!!!!!! I was treated respectfully by the Federal Court Judge where i Moved the case to....Oh and won. : ) Woofer
