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11-13-2008, 09:34 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 14
| |  Federal or County
What is the name of your state (only U.S. law)? FLORIDA
Hi, I have been defending my self pro-se and have been succesful so far. I am however, putting together a counterclaim and third party complaint and have found several Federal Acts broken such as TILA and RESPA. My question is, can I countersuit in the same county and same lawsuit or do I have to go to a Federal Level? Please help. Thanks. |
11-14-2008, 08:19 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 5,487
| | | TILA/RESPA actions generally have to pursued in federal court. It's not a "counter claim" to a foreclosure anyhow so even if your local court has jurisdiction, it's unlikely they'd be heard concurrently (especially if some third party is now involved). |
11-14-2008, 12:53 PM
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Thank you. Then, it would have to be a separate action? |
11-14-2008, 01:00 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by Nysmenu  Thank you. Then, it would have to be a separate action? | Yes, a separate action in federal court.
What are you alleging?
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11-14-2008, 01:31 PM
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Posts: 5,487
| | | Don't know, but if it as well grounded as the legal "advice" nymenu has been providing to others, the federal trial should be quite amusing. |
11-14-2008, 03:55 PM
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| | | What's so amusing? |
11-14-2008, 03:56 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | | What are you alleging?
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11-14-2008, 04:07 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 14
| | | no hud, til, recission letters given by lender. undisclosed ysp to the broker, and others. i sent a tacit procuration letter to the attorneys, servicing company and i now have proof of a conpiracy (rico). |
11-14-2008, 04:31 PM
| | Junior Member | | Join Date: Nov 2008
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| | Quote:
Originally Posted by seniorjudge Yes, a separate action in federal court.
What are you alleging? | Seniorjudge, do I have to file 2 different actions? 1 in county court as a counterclaim or can I bring all parties unto the federal level? In order to proceed in federal court, do i have to first finish with the county case? thanks. |
11-14-2008, 04:31 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | | I wouldn't have the slightest idea; frankly, I can't understand what you're talking about.
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11-14-2008, 04:44 PM
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| | | You said earlier that in order to allege TILA and RESPA, I would have to bring a separate action in Federal court. my question is: since I'm planning on bringing a counterclaim action and possibly a third party complaint can I instead of bringing a counteraction in county court, move the counteraction and third party complaint to a federal court? I don't want to have to file 2 separate actions and since the third party pertains to TILA and RESPA? or due the counter action and sue the third party alone in federal court? thanks.
Last edited by Nysmenu; 11-14-2008 at 04:50 PM.
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11-14-2008, 04:47 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | | Is your shift key broken?
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11-14-2008, 04:49 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
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Originally Posted by Zigner Is your shift key broken? | nO yOu iDiot iT wOrks jUst fIne
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11-14-2008, 05:03 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 14
| | | anybody have an answer? thanks.
You said earlier that in order to allege TILA and RESPA, I would have to bring a separate action in Federal court. my question is: since I'm planning on bringing a counterclaim action and possibly a third party complaint can I instead of bringing a counteraction in county court, move the counteraction and third party complaint to a federal court? I don't want to have to file 2 separate actions and since the third party pertains to TILA and RESPA? or due the counter action and sue the third party alone in federal court? thanks. | |
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