HELP HELP HELP!!! Judgement

[Anonymous]

Mr. Bodie, the substance of your last contribution is not worth responding to as it is without merit.

Respectfully,

I considered giving you the phone numbers of a couple of Judge friends of mine

one federal (retired) and one sitting State Judge (I won't disclose her relationship to me)

so that perhaps you could gain some further insight but there is no need

since you know it all;  And secondly, you do not know how

to conduct yourself as a gentleman. Frankly, I'm afraid you might attack them 

personally.

As a wantabee contributor I would think you would not attack those (me) you

are trying to convince of whatever it is you think you know. That is, that you

would set a better example. If it is your desire to lead a parade into a court of

law, you might take heed in learning how to conduct yourself in proper manner

first, or at a minimum respectfully. I find you last comments offensive.

You seem obsessed with wanting to appear right all the time and obsessed overall

especially with this Vacating Judgment thing. I'm not sure whom you are trying to

impress but impressed  I'm not.

Again, FYI in our Jurisdiction Judges simply do not Vacate Judgments and never have

instead there are other Motions filed as I carefully explained before, however,

you simply can not accept this. Your reasoning is convoluted in this regard and maybe

overall.

Stick to scores, perhaps it's something you know something about,

PS: One sentence in one law is not the law of the land as whole.

Peace.

[Anonymous]

---

Patience wrote:

Mr. Bodie, the substance of your last contribution is not worth responding to as it is without merit.

---

I would comment on the substance of your posts in general, but there ain't none there.

Back to thy bridge.

[Anonymous]

Bodie wrote:

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................

___________________________________________________________________________

"may be brought"  not shall be brought or must be brought.

may be brought is not a mandate to the States by the Federal government.

Since Jurisdiction is a simple matter for you,

Define:  competent jursisdiction

              and what is its legislative intent?

Thanking you in advance,

Peace. 

[Anonymous]

United States Code

• TITLE 15 - COMMERCE AND TRADE
  • CHAPTER 41 - CONSUMER CREDIT PROTECTION
    • SUBCHAPTER III - CREDIT REPORTING AGENCIES

U.S. Code Title 15

Section 1681t. Relation to State laws

(a) In general
      Except as provided in subsections (b) and (c) of this section,
    this subchapter does not annul, alter, affect, or exempt any person
    subject to the provisions of this subchapter from complying with
    the laws of any State with respect to the collection, distribution,
    or use of any information on consumers, or for the prevention or
    mitigation of identity theft, except to the extent that those laws
    are inconsistent with any provision of this subchapter, and then
    only to the extent of the inconsistency.
__________________________________________________________________

This is the Jurisdiction I would suggest without an attorney but it may be a slower process.

http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/41/subchapters/iii/sections/section_1681s...

U.S. Code Title 15

Section 1681s. Administrative enforcement

    (a) Enforcement by Federal Trade Commission
      (1) Compliance with the requirements imposed under this
    subchapter shall be enforced under the Federal Trade Commission Act
    [15 U.S.C. 41 et seq.] by the Federal Trade Commission with respect
    to consumer reporting agencies and all other persons subject
    thereto, except to the extent that enforcement of the requirements
    imposed under this subchapter is specifically committed to some
    other government agency under subsection (b) hereof. For the
    purpose of the exercise by the Federal Trade Commission of its
    functions and powers under the Federal Trade Commission Act, a
    violation of any requirement or prohibition imposed under this
    subchapter shall constitute an unfair or deceptive act or practice
    in commerce in violation of section 5(a) of the Federal Trade
    Commission Act [15 U.S.C. 45(a)] and shall be subject to
    enforcement by the Federal Trade Commission under section 5(b)
    thereof [15 U.S.C. 45(b)] with respect to any consumer reporting
    agency or person subject to enforcement by the Federal Trade
    Commission pursuant to this subsection, irrespective of whether
    that person is engaged in commerce or meets any other
    jurisdictional tests in the Federal Trade Commission Act. The
    Federal Trade Commission shall have such procedural, investigative,
    and enforcement powers, including the power to issue procedural
    rules in enforcing compliance with the requirements imposed under
    this subchapter and to require the filing of reports, the
    production of documents, and the appearance of witnesses as though
    the applicable terms and conditions of the Federal Trade Commission
    Act were part of this subchapter. Any person violating any of the
    provisions of this subchapter shall be subject to the penalties and
    entitled to the privileges and immunities provided in the Federal
    Trade Commission Act as though the applicable terms and provisions
    thereof were part of this subchapter.

    It continues on.......................... .

         Peace.

[Anonymous]

Patience,

You've been asserting that one cannot sue in state court, and I've been saying what the statues say. You can choose federal district or state court to sue, but there are rules governing removal from state to federal court. However, at the risk of repeating myself, the consumer gets to choose where he or she wants to sue.

If the consumer has a really solid case and gets hold of a good consumer lawyer who's knowledgeable in this area, there's a fair chance the lawyer will file suit in federal district court so as to maximize payoff for both the consumer and the attorney. But there's nothing to prevent a consumer who's knowledgeable from suing in state court and opting not to give a lawyer 40 percent of the winnings.

If anyone wants to hear from real lawyers on the subject, try these.  MFC is a deep well of knowledge.

Removal of FCRA Cases From State Court To Federal Court
http://www.myfaircredit.com/forum/viewforum.php?f=19

Personal Jurisdiction and Venue in Credit Reporting Cases
http://www.myfaircredit.com/forum/viewforum.php?f=68

Subject Matter Jurisdiction Issues
http://www.myfaircredit.com/forum/viewforum.php?f=113

Word of advice, Patience, don't EVER give out the phone numbers of your friends, be they judges or otherwise, to a complete stranger over the Internet. Don't you read? At a minimum, they'll no longer be your friends. Since you were contemplating this, I have to conclude you're either a moron, a liar about being a lawyer, a liar in general, or a liar on this point.

Giving me the names of judges don't impress me. There are good judges and bad. Last year, a friend of mine bid on and won a celebrity lunch with a Maryland Court of Appeals Judge. Court of Appeals is Maryland's equivalent of a State Supreme Court. The Judge was intelligent and articulate, but whoafully ignorant about incorporation and the 14th Amendment. In Kelo, five SCOTUS justices said it's perfectly fine for a developer to steal someone's property because they have more money with which to bribe local officials.

You really give yourself away as uninformed if you seriously believe FTC administrative enforcement is the route to go with FCRA and FDCPA violations. They don't begin to have the resources to handle more than a handful of the sea of complaints.

[Anonymous]

Good post and good info based on a twisted interpretation of what I said but the outcome looks good lol. At least it got you reading and learning via Socratic method. Ata boy.

Asta.

[Anonymous]

So, it's probably a really really bad idea to keep chiming in here but . . .

Again, Noah Bodie is 100% correct. State courts may rule on FCRA and FDCPA claims (but see, Caveat below). State courts may rule on claims brought under the FCRA and FDCPA themselves, not just their state-law equivalents.

There's plenty of dispositive case law on this issue. For example, Itri v. Equibank, N.A., 464 A.2d 1336, 1342-43 (Pa. Super. Ct. 1983) held that there's concurrent jurisdiction in Pennsylvania, which brings it back to the OP, Tink.

Caveat: Perhaps there's a state that has refused to accept concurrent jurisdiction granted by the FCRA and FDCPA via its constitution or its legislation but I haven't found one so far. If anyone does find one, please post it here so we won't have the wrong information floating around.

[BTW, it's imprecise to say that states must expressly accept or reject authority granted by the federal government. In fact, a state may surrender discretion via its constitution and say "whatever's proper is proper." See, e.g., Kristensen v. Strinden, 343 N.W.2d 67, 69-71 (N.D. 1983) (Nebraska constitution doesn't give state courts discretion to decide whether to accept or reject concurrent jurisdiction in Section 1983 [federal civil rights] cases), cf. State ex rel. v. Quill Corp., 500 N.W.2d 196 (N.D. 1993).]

[Anonymous]

It is against the law  (federal) to send a letter like that BEACH. They can only send it if they intend to sue. BUT copy it & send to AG as well as Feds. it can be concidered a forged doc!!!

[Anonymous]

U.S. Code Title 15

Section 1681t. Relation to State laws

This deals with CRAs and companies or people that report !!!!!!!!!!!!!!!!!!!!!!!!

A state court will be the ONLY court to hear a case asking for judgment or lien or garishnment.

At the hearing the judge may take into consideration any and all evidence submitted,even if it is federal satue!!!

keep in mind that many states,mine included, have laws in  that take may match federal law. 

Any person may at any time file suit in federal court against a CRA!!!!!

They may not in state court!!   because ONLY fedearal laws apply.

When it comes to the case that started this thread STATE LAW applys

Message Edited by HappyDays on 08-06-2007 04:19 PM

[Anonymous]

Tenth Amendment to the United States Constitution

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.

Forced participation or commandeering

In 1992, in New York v. United States 505 U.S. 144 (1992), for only the second time in 55 years, the Supreme Court invalidated a portion of a federal law for violating the Tenth Amendment. The case challenged a portion of the Low-Level Radioactive Waste Policy Amendments Act of 1985. The act provided three incentives for states to comply with statutory obligations to provide for the disposal of low-level radioactive waste. The first two incentives were monetary. The third, which was challenged in the case, obliged states to take title to any waste within their borders that was not disposed of prior to January 1, 1996, and made each state liable for all damages directly related to the waste. The Court, in a 6–3 decision, ruled that the imposition of that obligation on the states violated the Tenth Amendment. Justice O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (i.e., by attaching conditions to the receipt of federal funds, see South Dakota v. Dole), or through the commerce power (by directly pre-empting state law). However, Congress cannot directly compel states to enforce federal regulations. In 1997, the Court again ruled that a federal act, this time the Brady Handgun Violence Prevention Act, violated the Tenth Amendment (Printz v. United States, 521 U.S. 898 (1997)). The act required state and local law enforcement officials to conduct background checks on persons attempting to purchase handguns. Justice Scalia, writing for the majority, applied New York v. United States to show that the law violated the Tenth Amendment. Since the act “forced participation of the State’s executive in the actual administration of a federal program,” it was unconstitutional.     

Peace.