Arizona Revised Statutes (gotta LOVE that search button): http://www.azleg.state.az.us/ars/ars.htm Arizona Revised Statutes, Title 32, Chapter 9, Article 1, begins wtih 32-1001, COLLECTION AGENCIES: http://www.azleg.state.az.us/ars/32/title32.htm Arizona Revised Statutes, Title 44, Chapter 11, Article 6, begins with 44-1691, CONSUMER REPORTING AGENCIES: http://www.azleg.state.az.us/ars/44/title44.htm Arizona State Department of Banking, LICENSED CA lists: http://www.azbanking.com/Lists/CA_List.HTML#bmC Arizona Administrative Code: http://www.sosaz.com/public_services/Title_20/20-04.htm Sassy
Re: state laws for credit reporting Thanks too - I need to find any case law or law on jurisdiction for my Small Claims-moved to Civil - case on my student loan. One lawyer told me there was recent case law that suggested I could win the Motion to Dismiss on Lack of Jurisdiction - now I just have to find it! Mommy2cats
Re: state laws for credit reporting You are both welcome, the statutes detail the SOL's as well. Mommy2Cats, I have to leave this afternoon for my Granny's funeral, she died on 9-11, that's just a BAD day all the way around. I will be home Saturday night/Sunday morning -- so I can't do any searching for you at the moment but I will be happy to do so. I'm particularly interested as we live in the same area and have the same court and judge to deal with. I know the justice court has a mini-law library on site and videos that you can check-out for the pro se process -- those may be helpful to you. Anything you need me to do, I will be happy to do -- both online and off (or in 3d as I call it). I really want you to win this, it will be a victory for all of us. Sassy I had the following saved in my email that may be helpful: Subject Matter Jurisdiction: Which Court Has Power to Hear My Case? http://www.nolo.com/lawcenter/ency/...901/catID/8F965511-320B-429E-AFF92326E148C549 "In accordance with the FDCPA, 15 U.S.C. 1692k, Plaintiff may bring actions to enforce liability under said Laws in any Court of competent jurisdiction. All of Plaintiffâ??s causes of action arose in the County of XXX, Florida, to with, Defendant engaged in prohibited debt collection and credit reporting activities against Plaintiff while Plaintiff resided in the above named County." http://bayhouse.com/credit-forum/showthread.php?threadid=601 ARIZONA: Small Claims Division Statutes: Arizona Revised Statutes, Sections 22.501- 523, 22.202 a-e. $ Limit: $2,500. Where To Sue: Where defendant resides. Intentional torts Where act occurred. To recover personal property Where property is. Contracts Where performance expected. Nonresident defendants Where plaintiff resides. Transient defendants Where found. Service: Certified or registered mail with return receipt, sheriff, deputy or court-approved adult. Hearing Date: Set by court; within 60 days of the filing of the answer. Attorneys: Not allowed unless both sides agree in writing. Transfer: To regular Justice Court if defendant in Small Claims Division counterclaims over $2,500, or objects at least 10 days before hearing (for right of appeal and jury); for counterclaims over $5000, transfer to Superior Court is allowed. Appeals: Not allowed. Special Provisions: Limited equitable relief available. Defendant must answer within 20 days or lose by default. No discovery. No jury trial. No libel or slander, forcible entry or unlawful detainer, specific performance, prejudgment remedies, injunctions, cases against the state or cases involving ownership of real estate. Right to sue may not be transferred. http://www.halt.org/SmallClaims/smallclaimsinfo.cfm?state=az http://www.supreme.state.az.us/info/brochures/smclaims.htm
Re: state laws for credit reporting Thanks KHM, I'm glad she's not in pain anymore but I'll miss her tons. Sassy
Re: state laws for credit reporting Sassy, I just got home so didn't see your post before you left. I am so sorry to hear about your Grandmother. May angels walk beside her. Mommy2cats
Re: state laws for credit reporting Sassy, I'm sorry about your grandmother, but since she's out of pain maybe it's better. My mom died of cancer, and I was glad for her quality of life wasn't there. Charlie
KHM, Mommy2Cats, Charlie(eeeeeeeeeeeeee), Thank you all, she was an incredible woman and it was a beautiful ceremony. She indeed had angels with her! I'm sorry of your loss as well charlie, and very much agree about disease, unrelenting pain and quality of life. Sassy
Oh fave Butch dude, I mean babe LOL, stop it!!! I was never on your butt about THAT search button, shame on you, what happened to my sweet disposition, huh????? you aren't trying to take that back are you? ;-) THAT search button is for searching the Arizona statutes and the link was direct to the search page. I wasn't meaning that the poster should have searched before asking and you do GOTTA love it; I hope every state has one for their individual statutes. I hope I didn't get on your butt about A search button, if so it must have been one of my wild hair days ;-) I'm guessing it was credit-net's search button, hmmmm, now I'm going to have to SEARCH to find out what you SEARCH you are referring to, LOL. Sassy
oh yeah, THAT thread, LOL: http://consumers.creditnet.com/stra...threadid=25728&perpage=20&pgnum=&pagenumber=2 I dunno Butch babe, I forgot about that thread. Given the amount of responses you received and the personal exchanges in there, I don't know how you could call that a getting on your butt, in fact, I think my posts confirm my sweet disposition, he he he. Sassy
Re: state laws for credit reporting Sassy, If you can help me find any recent case law that would help me defeat their Motion to Dismiss on Jurisdiction - I'd appreciate it! Thanks for letting me know about the mini-library - I'll check it out this week. I've got to file my Motion to Deny by Friday - and I've heard that there IS recent case law that would help me. I'm also going to post all my filings and thers on CreditCourt - so hopefully that will help others as well. Thanks for any assistance! You're a gem!!! Have you gone to court there at all? If not - I'll let you know what I think about the Judge when I get there. Mommy2cats
Just teasin ya. Sorry about your loss Sassy. That's what I get for posting before I read an entire thread. kisss
Mommy2Cats, Gosh, this ended up being long, I hope it will all post, LOL. Here's the nutshell version, the details follow. Of paramount importance, how did your case get to civil court from small claims? I read their Motion to Dismiss, usually referred to as the goobs in the detail. Is this their first motion? If so, the Motions should be disregarded because under the small claims procedures they are not allowed (can't use the rules of civil procedure in small claims). But, I noticed you said on another thread that your case had been moved to "civil" -- so I think there's a Motion missing in the middle unless the court moved it on its own. Second, their Motion to dismiss, for lack of jurisdiction -- matter and person. Matter is covered under the FCRA provision "...or any other court of competent jurisdiction..." Chase v. Nelson (link is in the details below) established that the FCRA does provide a cause of action for individuals. I think this may be the case the attorney you refereneced was alluding to. Person is established by Arizona State Statutes (detailed below) as given to the justice courts -- where the defendant resides OR where the action occurred. Sanctions aren't permitted against consumers under the FCRA. You aren't governed by the FCRA and FDCPA, they are! What goobs! They have the burden of proving harassment, let them try I say, it can only make them look worse for not fulfilling their obligations. That's incredible, the FCRA gives you hands-down merit. You can establish jurisdiction and venue. You can establish your merit. Then pick apart their Motion to dismiss as I tried to help you below. Their arguments are bogus and don't even list the correct statutes! I think they are trying to intimidate you and doubt they will show up from New Hampshire, especially once you point out their errors. Here's all the links I could find of yours regarding this. I hope I didn't miss anything: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=237789#post237789 State laws for credit reporting (9-13) Thanks too - I need to find any case law or law on jurisdiction for my Small Claims-moved to Civil - case on my student loan. One lawyer told me there was recent case law that suggested I could win the Motion to Dismiss on Lack of Jurisdiction - now I just have to find it! If you can help me find any recent case law that would help me defeat their Motion to Dismiss on Jurisdiction - I'd appreciate it! Thanks for letting me know about the mini-library - I'll check it out this week. I've got to file my Motion to Deny by Friday - and I've heard that there IS recent case law that would help me. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=236440#post236440 Thank you - Hope I can help back (9-12) http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=236133#post236133 Student Loans -- Small Claims Help (9-11) I filed a claim for this. They have filed a Motion to Dismiss based on lack of jurisction - and have also filed a Motion for Sanctions (asking for $500). (saying my suit is without merit and was only filed for harrassment). They are saying that since they are an OC, not a CA - that I cannot file a claim against them for the FDCPA (I filed for both FDCAP and FCRA violations). They also state that I cannot bring an action in an AZ court. Any thoughts? Since I've lived in AZ for more than three years and they've reported and made these violations while I lived in AZ - I feel I should be able to file in AZ. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=236537#post236537 Desperately need help with Motion (9-11) http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=236362#post236362 Their Motion: Pursuant to Rule Rule of Civil Procedure 12(b)1 and 1, Defendant So-and-So moves this Court to dismiss this case for lack of jurisdiction over both the matter and the person, and under Rule 12(b)6 for failure to state a claim. Because this filing was without meerit and intended merely to harass Defendant, Defendant also requests the Court award appropriate sanctions including costs and attorneys fees of $500. 1. Justice Court has no jurisdiction to hear claims under the Fair Debt Collection Practices Act. Justice Courts are courts of limited juristction. A.R.S. 22-201-A. A.R.S. § 28-1552 sets out those limits, which certainly do not include federal claims arising under U.S.C. 15-1692, the Fair Debt Collection Practices Act. 15 U.S.C. 15-1692k(d). therefore, this claim must be dismissed for lack of subject matter jurisdiction. 2. Verde Vlley Justic Court has no jurisdiction over Defendant, a New Hamphshire Foundation. Plaintiff's Complaint fails to establish either this court's jurisdiction or venue over Defendant, and both are improper under A.R.S. § 22-201. 3. Defendant is not a debt collector under the Fair Debt Collation Practices Act. For purposes of the Fair Debt Collection Practices Act. 15 U.S.C. 1692a(6) defines debt collector as someone other than the actual creditor. Because the Defendant in this case is the actual creditor rather than a debt collection agency, the Complaint fails on its face to state a claim under which relief can be granted pursuant to the Fair Debt Colelction Practices Act. Additionally, the FDCPA concerns actions involved in collecting a debt, not credit reporting, which falls under another statue entirely. For all these reaons, this Complaint should be dismissed and Defendant should be awarded costs and attorneys fees. I've addressed this Motion by cutting it apart and inserting in between their pleadings. I hope you can follow ok, I'm going to try and use the color to their pleadings in blue. BUT, I've never used color before so I'm keeping my fingers crossed that it works, lol. Sassy
Nup, didn't all fit, here's the details: Pursuant to Rule Rule of Civil Procedure 12(b)1 and 1, Defendant So-and-So moves this Court to dismiss this case for lack of jurisdiction over both the matter and the person, and under Rule 12(b)6 for failure to state a claim. Because this filing was without meerit and intended merely to harass Defendant, Defendant also requests the Court award appropriate sanctions including costs and attorneys fees of $500. Pursuant to ARS 22-505 http://www.azleg.state.az.us/ars/22/00505.htm the ONLY allowable motions in small claims court are a motion to change venue and motion to vacate judgment, both can ONLY be heard by a JP (no hearing officer). Dismissal for lack of jurisdiction, matter and person, and failure to state a claim, as filed, are not allowable motions in a small claims forum and should be disregarded. The rules of Civil Procedure, the basis on which this Motion to Dismiss was filed, are not allowed in small claims court!!!! Is this the first Motion or was there a previous Motion? How did you case get from small claims to civil? LACK OF JURISDICTION, MATTER AND PERSON: http://www.justicecourts.maricopa.gov/smallclaims.htm#Who can use the small claims procedure? The case must be filed in the correct venue. The plaintiff must file the complaint in the justice court in which the defendant (the person or organization being sued) resides or operates a business, or where the act/incident took place. The small claims court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $2,500. Either party may object to the proceedings being held in the small claims division. The request must be made in writing at least 10 working days prior to the time set for the hearing. The case then will be transferred out of the small claims division (still the justice court). This goes back to my earlier question, did this happen? was your case transferred or is the Motion the goobs filed the first motion? ONCE a case is transferred, the rules of civil procedure apply to the case, permitting claims in excess of $2,500, attorney representation, jury trial and appeal. I'm thinking, if your case was previously transferred from small claims to the civil division, based on a proper motion for the small claims court, I would amend my complaint to allow for the greater damages from $2500 to $5,000 and request a jury trial. This is where the FCRA provision stating "...OR OTHER court of COMPETENT jurisdiction..." comes in for matter. For person, jurisdiction can be established by WHERE THE ACTION OCCURRED in Arizona. Additionally, cause of action = Nelson v Chase Manhattan http://www.cdiaonline.org/docs/nmchaseruling.pdf establishes that the FCRA does provide a cause of action for individuals. The cause of action determined is mentioned in this FTC Staff Opinion letter as well: http://www.ftc.gov/os/statutes/fcra/watkins.htm Also: "Therefore, under the plain language of the statute, the duty of a furnisher of credit information to investigate a credit dispute is triggered only after the furnisher receives notice of the dispute from a consumer reporting agency, not just the consumer. Indeed, courts have uniformly reached this conclusion. See, e.g., Hasvold, 2002 U.S. Dist. LEXIS 6039, 2002 WL 519723, at *8 (reasoning that § 1681s-2(b) provides a private cause of action only if the furnisher received notice from a consumer reporting agency, as opposed to the plaintiff alone, that the credit information was disputed); Scott v. Amex/Centurion S&T, 2001 U.S. Dist. LEXIS 21181, Nos. 3:01- CV-1594-H et al., 2001 WL 1645362, at *4 (N.D. Tex. Dec. 18, 2001) ("The duties created by subsection (b) arise . . . only after the furnisher receives notice from a [*16] consumer reporting agency that a consumer is disputing credit information."); Fino v. Key Bank, No. Civ. A. 00-375 E, 2001 WL 849700, at *5 (W.D. Pa. July 27, 2001) (reasoning that § 1681s-2(b) provides a private cause of action only if the furnisher received notice from a consumer reporting agency, as opposed to the plaintiff alone, that the credit information was disputed); Jaramillo v. Experian Info. Solutions, Inc., 155 F. Supp. 2d 356, 363 (E.D. Pa. 2001) ("To state a cause of action under 1681s-2(b) requires a pleading that a consumer reporting agency notified a furnisher of a dispute . . . ."); Yelder v. Credit Bureau of Montgomery, L.L.C., 131 F. Supp. 2d 1275, 1289 (M.D. Ala. 2001) ("[A] furnisher of information has no duty under § 1681s-2(b) until a consumer reporting agency, and not a consumer, provides notice to the furnisher of information of a dispute."); Dornhecker v. Ameritech Corp., 99 F. Supp. 2d 918, 928-29 (N.D. Ill. 2000) ("Section 1681s-2(b) triggers a furnisher's duty to investigate allegedly erroneous information when that furnisher has received notice from a consumer reporting agency [*17] that the credit information is disputed." (emphasis in original)). " http://www.azleg.state.az.us/ars/22/00201.htm 22-201. Jurisdiction of civil actions http://www.azleg.state.az.us/ars/22/00503.htm 22-503. Jurisdiction; exceptions Sassy
STILL didn't all fit, at least the color is working ;-) FAILURE TO STATE A CLAIM -- What did your original complaint state? Can you post it? SANCTIONS $500, WITHOUT MERIT, PURPOSE TO HARASS: Again, this is not an allowable motion in small claims court. They would have the burden of proving that this was harassment and without merit -- I don't think they have a toe to stand on. 1. Justice Court has no jurisdiction to hear claims under the Fair Debt Collection Practices Act. Justice Courts are courts of limited juristction. A.R.S. 22-201-A. A.R.S. § 28-1552 sets out those limits, which certainly do not include federal claims arising under U.S.C. 15-1692, the Fair Debt Collection Practices Act. 15 U.S.C. 15-1692k(d). therefore, this claim must be dismissed for lack of subject matter jurisdiction. A justice court does have jurisdiction pursuant to FCRA "...or any other court of competent jurisdiction..." Chase V. Manhattan, established the FCRA does provide a cause of action for individuals. Credit and collection matters are generally within the jurisdiction of the Superior Court and the Justice Courts -- http://www.lawdog.com/states/az/courtm.htm Superior Court: All civil cases in which the amount in controversy exceeds the sum of $5,000, exclusive of interest and costs. Justice Courts: Civil jurisdiction limited to cases involving $5,000 or less. Small Claims Court: All civil action for money in an amount not to exceed $2,500.00. This is important -- The goobs state that "...A.R.S. § 28-1552 sets out those limits, which certainly do not include federal claims arising under U.S.C. 15-1692..." ARS 28-1552 is the jurisdiction of municipal and justice courts for VEHICLE VIOLATIONS, lol lol. It doesn't have a damn thing to do with the jurisdiction of the courts for civil matters. Title 22 establishes the jurisdiction and venue of the justice courts: CHAPTER 2 - CIVIL PROCEEDINGS IN JUSTICE COURTS Article 1 - Jurisdiction and Venue 22-201 - Jurisdiction of civil actions 22-202 - Venue of civil actions 22-203 - Venue when justice of precinct not qualified to try action 22-204 - Change of venue 22-205 - Procedure when justice disqualified; order and transmittal of papers I can't decide if the goobs are idiots or just trying to pull a fast one on you. In fact, traffic violations are specifically EXCLUDED by 22-503. This cracks me up, either way, I'm sure it won't be lost on the judge!!!!! Here's 22-201 and there is no applicable exemption in 22-503, which also follows: 22-201. Jurisdiction of civil actions A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law. B. Justices of the peace have exclusive original jurisdiction of all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is five thousand dollars or less. C. Justices of the peace have concurrent original jurisdiction with the superior court in cases when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is more than five thousand dollars and less than ten thousand dollars. D. Justices of the peace have jurisdiction concurrent with the superior court in cases of forcible entry and detainer when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less. E. Justices of the peace have jurisdiction to try the right to possession of real property when title or ownership is not a subject of inquiry in the action. If in any such action the title or ownership of real property becomes an issue, the justice shall so certify in the docket, at once stop further proceedings in the action and forward all papers, together with a certified copy of the docket entries in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. F. In actions between landlord and tenant for possession of leased premises the title to the property leased shall not be raised nor made an issue. G. If in any action before a justice of the peace a party files a verified pleading which states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than ten thousand dollars, the justice of the peace shall certify this in the docket, at once stop further proceedings in the action and forward all papers, together with a certified copy of the docket entries in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. The party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. If the party is finally adjudged to be entitled to recover on the counterclaim, exclusive of interest and costs, ten thousand dollars or less, the superior court may deny costs to the party and may, in addition, impose costs, including reasonable attorney fees, on the party. The superior court shall have original jurisdiction of the action, but it may at any time in furtherance of convenience or to avoid prejudice, or if it appears that the amount involved in the counterclaim, exclusive of interest and costs, is ten thousand dollars or less, remand the action, or any claim or counterclaim of which the justice court has jurisdiction, to the justice court and may order costs. H. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions, except forcible entry or detainer actions. Sassy
