Case law, texas finance codes

Discussion in 'Credit Talk' started by roybean, Jun 13, 2006.

  1. roybean

    roybean Member

    I am looking for case law that says texas finance codes apply to the CA in no matter what state they do business???
     
  2. TexanMan

    TexanMan New Member

    Texas Law

    Im not a lawyer so don't take this as advice.

    As far Texas is concerned, if you do business in Texas, Texas has jurisdiction over you. If you are a Texas citizen , and you are in Texas , And some company violates Texas Law in dealing with you, Texas Law applies - unless there is a Federal Law that pre-empts . These are rare and often don't even apply to Texas. Texas is unique to the other 49 states. Texas joined the Union as a country and Federal Law often does not trump Texas Law . This is symbolized by the fact that Texas flag is the only state flag that can fly at the same height as Our US flag. It means the Federal Government is not superior, but are together.

    Guess what , In Texas courts, where you will have to take the company , Once you sue and claim the court has jurisdiction, the company has to remove from that court claiming the reason. You then file in opposition , saying Texas jurisdiction, Texas Law, I'm a Texan , etc .... Then cite previous cases and cite that they have not stated any prior case law decisions allowing them to remove .

    Don't argue about it until you walk into the court room. It makes everybody's day. They argue to a Texas judge that they don't have to follow Texas laws. All you have to do is point out what Texas law is . The judge will then explain the concept to them as he hands you their (ahem ).
     

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