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HELP HELP HELP!!! Judgement

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Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Exactly, my point, first thing one learns in law school is Jurisdiction. I think what you may have been referring to is info regarding the rules of evidence, that is, FCRA info may come in as evidence and what I was directing attention to was conclusions of law, findings and final Judgment that must be based on settled case law or man made law via legislature as it relates to the court one is in
 
No question as to pro se in federal court. At least I didn't raise that question as it is common knowledge well at least for me as I learned that some 40 years ago. My point, respectfully, is that one can not have expectations that one may obtain a Judgment based on law not within the discretion of the court, as that may lead to further disappointment for those desirous of obtaining a positive outcome, I made this point, with the hope that someone may benefit.
 
Your statement "not true" therefore, left me with the impression that you would prefer to demean my intent. Personally, I try to look for the good in what contributors are offering as anyone can look at the glass as half empty. In any event, I take your comments as having some good in them therefore I thank you and shall we move on?
 
 
 
Peace.
Message 31 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

My point was that one often has the option to pursue FCRA and FDCPA violations in local court.
Message 32 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Noah Bodie wrote: 
My point was that one often has the option to pursue FCRA and FDCPA violations in local court.
_____________________________________________________________________________
 
Mr. Bodie, would you be so kind as to point me to your authority (link) giving local courts this authority?
 
 
 
 
 
Message 33 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

So, this is OT but . . .

State courts can hear FCRA and FDCPA claims only because both federal statutes expressly give jurisdiction to both state and federal court. Otherwise, state courts wouldn't be able to hear these cases because they're based on federal law.

(Also, federal courts are local courts, depending on where you live, since they're spread throughout the country.)
Message 34 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Federal Statutes (CFR) also expressly give jurisdiction to both Federal and State Courts to hear Gambling cases, however, States must first enact gaming legislation. Example: Nevada has enacted gaming legislation while other States have not, therefore, a sitting local (State) Judge is without authority to hear Gaming cases (where State legislature has not approved gaming).
 
A local (State) Judge gets his/her authority from State government (legislature and governor). State government may accept or reject authority given to it by Federal Government. State government must expressly (by act of legislature) accept jurisdiction given, permitted or allowed via Federal government prior to a State Judge acting. The sitting local (State) Judge's scope of authority is limited by that States legislature. See Judicial Standards and authority.
 
Peace.
Message 35 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

This was my mistake--for feeding the trolls.
Message 36 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement



Patience wrote:
Mr. Bodie, would you be so kind as to point me to your authority (link) giving local courts this authority?


 
15 USC 1681p (aka §618 FCRA)
 
An action to enforce any liability created under this subchapter 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, not later than the earlier of -
(1) 2 years after the date of discovery by the plaintiff of the violation that is the basis for such liability; or
(2) 5 years after the date on which the violation that is the basis for such liability occurs.
 
Message 37 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

 
15 USC 1692k (aka §813 FDCPA)
 
(d) Jurisdiction
An action to enforce any liability created by this subchapter 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.

Message 38 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Are you saying this authority gives a sitting State Judge authority to make a final Judgment on federal law? A State Judge without State legislative authority does not have competent jurisdiction.  
 
At this point, for the sake of the readers, I suggest we agree to disagree; as we digress lol.
___________________________________________________________________________ 
 
In any event, what can be learned from this lively discussion are a few things (for those who may know less about the mechanics of the Judicial system).
 
One, as correctly pointed out by Noah, Jurisdiction (taught to first year law students, for good reason) is worth being aware of when deciding where to have your case heard. Often State legislatures will adopt federal laws as a whole or in part or may amend and change those laws to suit what the State considers best. If you were to research each State credit law you may find differences from State to State. Some may by law allow credit agencies to do certain things while prohibiting other things. There is a course taught to fourth year law students called Conflict of Laws, this, in part, has to do with the types of issues Noah and I have been discussing here and it can get pretty deep. What is important to a potential litigant is that you understand that your opposition (creditor's attorney) may blind side you with these or other types of legal wrangling that you may be unfamiliar with as a pro se litigant.
 
Two, is it better to go it alone Pro Se and lose a case or hire an attorney that knows in what Court your case stands the best chance of winning and win it for you there. Obviously, the second is true. You objective is to raise your score for various reasons by using the tools available to you, such as, an attorney. I think everyone here agrees on that lol. In part, what has been shown throughout this discussion is that the simplest of matters can and do become very complicated when interpretations of the written word are concerned. It is difficult to get US Supreme Court Judges to agree unanimously and more times than not they disagree on the exact same set of circumstances and over time new courts overrule previous decisions. So, it is instructive to know that confronting our Judicial system can be complicated and time consuming. Hire an attorney.
 
Third, the question at the outset was regarding Judgment which is directly related to the authority of the person (Judge) making the Judgment and his authority to make a final Judgment, therefore, the discussion herein and issues raised herein are directly related to the question raised. My only hope is that the time invested in this discussion has somehow helped someone somewhere gain a better perspective of where they may be headed with regard to Judgment issues.
 
The bottom line here is get an attorney if at all possible.
 
Peace Out. 
Message 39 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Say what you will, but I accepted your challenge, and cited the law itself proving I'm right that one has the choice of whether to sue in Small Claims, Superior, Federal District Court, or some other court of competent jurisdiction. You can go on pretending to be a 60 something year old lawyer with 30+ years in the bidniz, but there's just way too much caselaw showing you can sue state or federal for FCRA or FDCPA violations.
 
You might well be a lawyer, but you sure don't present well and I wouldn't hire you. A lawyer who claims one cannot vacate a judgment is a lawyer one should choose not to hire or heed.
 
Message 40 of 88
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