Civil/Commercial Litigation (Lawsuits)/File lawsuit against CBA

Advertisement

Expert: - 8/12/2008


Question
Hi,

State of NJ- USA

I have a question regarding filing an lawsuit for violations of Federal law- ie: FAIR DEBT PRACTICE REPORTING ACT against Major Credit Bureau Agency (Experian from TX.) in my local small claims court for about $5K
I do know it is possible, but will it be beneficial if I sue them in US District Court instead in Small Claims Court?  Will it do the same thing?

Thank you.

Answer
Since I do not know the particular requirements of your Small Claims Court, I will keep this answer general:

Generally, someone can file a federal claim (like yours) in either federal or state court. However, the defendant has the right to remove the claim from state court to federal court. Most defendants want to remove the claim because they would rather litigate in federal court.  I hope this answers your question.

By the way, you may be able to recover attorneys fees for claims based on the Fair Debt Collection Practices Act. For this reason, attorneys who frequently practice in debtor law may take your case for free. I recommend you talk with a debtor rights attorney, at least to get an attorney's perspective on your case.

Civil/Commercial Litigation (Lawsuits)

All Answers

Answers by Expert:

Ask Experts

Volunteer

A. Hall

Expertise

As a Minnesota litigation attorney, I can answer questions about initiating lawsuits, responding to lawsuits, civil procedure, discovery, depositions, evidence, trial, business litigation, and related litigation topics.

Experience

Aaron Hall is a licensed attorney, admitted to practice law in Minnesota state courts and the U.S. Federal District Court in Minnesota. Aaron Hall serves individual and corporate clients as a Minnesota business attorney in a variety of legal areas including as a business lawyer, contract attorney, tax attorney, and general legal services. Aaron Hall's experience includes service at the law firms of Fredrikson & Byron, Morrison Fenske & Sund, Foley & Mansfield, and Henningson & Snoxell. Aaron Hall also served as a judicial extern under the Honorable Paul A. Magnuson, United States District Court Judge, and as an adjunct professor at Concordia University teaching Introduction to Business Law, Business Law for Marketing Professionals, and Internet Law for Marketing Professionals courses.

Organizations
American Bar Association, Minnesota Bar Association, Hennepin County Bar Association, Minnesota Small Business

Publications
Associated Press, Star Tribune, Pioneer Press, Duluth News Tribune, William Mitchell Law Review

Education/Credentials
Aaron was awarded his Juris Doctor degree cum laude from William Mitchell College of Law, where he served on the William Mitchell Law Review. He was recognized on the Deans List for outstanding academics and received the CALI Awards of Excellence in Corporations and Alternative Dispute Resolutions courses. Aaron served as President of the Business Law Society and coordinated the establishment of the Corporate Appellate Law Moot Court. He was awarded his Bachelor of Arts degree in Marketing Management and Innovation summa cum laude from Concordia University in St. Paul, Minnesota.

Awards and Honors
Ten Outstanding Minnesotans, Minnesota Jaycees

©2012 About.com, a part of The New York Times Company. All rights reserved.