FDCPA- county or federal

[wert]

What is the name of your state? Florida

I sued a CA over some violations in county court. I have read where some judges don't want to mess with this and will bumb it to federal court. Any known cases where it was kept in county court or legal precedent that you may know about??

[JETX]

There are lots of cases where a FDCPA violation was determined by a county court, and even small claims courts.

Per 15 USC 1692(k):
"d) An action to enforce any liability created by 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 one year from the date on which the violation occurs.

[bigun]

Wert,

Have they made any sort of motion to move it to Federal Court?
Is this the case where a ca sued you on an SOL debt and you also caught them operating without being properly liscensed in Fl? If so, would you mind posting about the case and the sequence of events. It may well help others understand the importance of really investigating the totality of the situation.

[wert]

bigun

They haven't tried to move it, but I know from other cases, some lawyers try to get it moved because most won't file in another court. Just trying to get my ducks in a row.
As far as followup for others-ok, heres my story in short:
I was sued by Unifund from Ohio for less than 2 grand. Went to court, I showed the SOL was up by 2 months, the original papers they filed had nothing to do with my case, and they were actually in court wrongfully because I had asked for validation, and they didn't. The main reason I won - I proved they were not licensed in Florida-which they had to be.
They even had their VP on the telephone testifying, which actually helped me. With him I showed they had no copies of my original account, used a third party to get licensed in all the states, and had no idea when the date of last activity was-but I did. The judge really only cared about the licensing issue. Their lawyer also tried to say that credit cards were not open account, but I had Truth in Lending their with me to show him as well as the FDCPA. I won.
I then took them to court for 3 violations of FDCPA. Comes up next week. Since they were out of state, I found a process server on the Internet, paid him 60 bucks to serve them the papers.
I learned in court to be prepared for anything, have copies of everything, and explain everything as a lot of judges don't understand credit law. Be prepared.