We filed in Magistrate's court against a CA for violations of the FCRA and FDCPA. The Magistrate asked a couple of questions we weren't sure how to respond to. He was concerned about jurisdiction. We had the quote from the FCRA regarding "court of competent jurisdiction" which seemed to help. He asked if South Carolina had adopted the FCRA and the FDCPA and indicated we'd need something relating to that. Can anyone help with where we'd find that info? I found what appeared to be a SC Senate bill regarding the FCRA from 2001, but I think from what I read the bill was referred to committee and I couldn't find anything further about it. If anyone can send me in the right direction, I'd appreciate it. DemPooches
That was what I thought, too. But he's concerned about this enough to ask for the info. And we've dealt with him before, he may not be familiar with these particular issues but he's a good guy who's fair. Any thoughts as to where to find the info he's asking for?
FCRA states; § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
Yes, that was the quote we had in the lawsuit which we provided to him. Do you know where we can find the information he asked us for, which was whether the state of SC had adopted the FCRA and the FDCPA?
check here. lot of info, may help you pen it down to the exact law. http://www.lawdog.com/states/sc/st1.htm
