Small Claims Court Jurisdiction

Discussion in 'Credit Talk' started by FU-TU, Jan 28, 2002.

  1. FU-TU

    FU-TU Well-Known Member

    Can anyone tell me how a small claims court has jurisdiction over a FCRA or FDCRA violation?

    Where do you file? In your district or the creditor?

    FU-TU
     
  2. Terry

    Terry Well-Known Member

    Small claims is your local magistrate.
     
  3. GEORGE

    GEORGE Well-Known Member

    YOU get "HOME COURT" advantage...
     
  4. FU-TU

    FU-TU Well-Known Member

    I agree, however is the magistrate have jurisdiction over a violation of the US Code? Wouldn't the magistrate only have matters related to State laws in your state.
     
  5. Marie

    Marie Well-Known Member

    FCRA:

    § 618. Jurisdiction of courts; limitation of actions

    " 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.


    Now the CRAs may request the case be moved to US District court and they'll get it... but small claims court, within the limits of the court, is also an appropriate venue.
     
  6. coldnorth

    coldnorth Well-Known Member

    I wonder if I could still sue cross country bank? I have not heard from them for about a year, little less. They called me constantly at all hours of the day and night. Would talk to whoever answered the phone. Guess I should have done it a long time ago but didn't know any better, much smarter now.

    I doubt that they would even show up and I would win by default but would I still need to present all my evidence, etc. Not that much really
     

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