Fed Court & Debt Collectors

[logos]

I've talked to a couple of lawyers and have been told that few of them touch Federal matters in part because it's a pain in the posterior, and those who do charge a lot more $$. Has anyone out there dealt with D.C.'s in Fed Court? How rough was it?

[Ice]

It is my opinion that a debt collector will attempt to avoid Fed Court at all costs. First, it's expensive and may not be financially advantageous. If it's going to cost a couple of thousand to collect a few hundred -- there is no profit in it for them. Second, the Fed will get a birds eye view of their "process" -- and how many of them actually OBEY THE LAW??



All it takes is one demand for payment after a request for verification and they are DONE. That is a violation of law and MOST of them violate that law. Now, do you think they want to appear in Fed Court and have THAT brought out? They would be afraid that there might be an investigation into their "practices" -- which the gov. would love to find "violations" so that the gov. could "fine" them.



Have you seen the "Nationwide" case that is posted on this site? Interesting stuff.

[Jerseee]

Logos,



That is the main reason why I put everything in writing and ask for them to respond the same way. If they refuse in writing or continue to ignore your demand for verification---you got them if they want to go to court. Ice has explained it as plain as possible and you can possibly add mail fraud as well.

[logos]

Ice & Jerseee:

Thanks for the quick replies.

These jokers are working for the mortgage company that is trying to foreclose (mentioned in another thread). My condo is valued at $42,500, so it would be worth it financially to them to deal in Fed Court. I know I have the law on my side, so I'm not sweating it too much. Because they are accelerating the "loan", I welcome this opportunity to discharge the whole mortgage. I've asked them for a payoff statement--full reconveyance of the property, etc (the served complaint didn't state a dollar amount). I know they won't like what I'll send them and they'll keep plugging away. The thing is, Fed Court shouldn't be needed because I'll just discharge the whole thing. It's not like I'll be addressing FDCPA violations, for example. The action was filed in a State Superior Court. I'd have to fill out a "Change of Venue" form. I don't see what reason I could give to justify a venue change.

I'm simultaneously scared and pumped up to womp their dishonorable glutei maximi

[logos]

After I discharge the "loan" with the CPN and provide proof the Debt Collector received it, what do you think are the chances a Judge would agree with their soon-to-be-filed counterclaim that the CPN didn't discharge the mortgage? One would think a Judge would be aware of Public Policy and the fact that CPNs, BoE's, and the like are legal tender.

[Jerseee]

logos,



You should address the fraud in the contract first.



Contact OT at Oxfordtrust@hotmail.com



Explain your situation and tell him Jerseee recommended you to him.



He may be able to help I'm not sure. But one thing for sure is that he will give you a sound answer.



So ask your questions to him, he specializes in these type matters.

[logos]

Thanks Jerseee

[logos]

Does anyone out there have info on how to move a case from a State Superior Court to a Federal Court, or where to get info on doing this?