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I am the victim of ID Theft. I have been trying to get the credit agencies and creditors to change my credit report without success. What type of civil action is this and can I file pro se in my home county? There are thirteen (13) defendants from all over the country and I fear going back to federal court.
The Fair Credit Reporting Act permits consumers to sue the Credit Reporting Agencies (CRAs), and the companies reporting the information to the CRAs. The law also allows the consumer to ask that the Defendant be ordered to pay the consumer's reasonable attorney's fees. However, because it is a federal law, and because the defendants would be from all over the country, they would be permitted to remove any case you bring in county court to federal court
You should find a local attorney who specializes in civil law or debt-related issues, and you should be able to find one who would take your case for free since they should be able to recover attorney's fees from the defendants
I was unhappy with the answer because you did not tell me how to respond to the Judges suggestion to consider federal court when I shared with you that my case had been dismissed in federal court for the wrong venue?
If you file it pursuant to the the Fair Credit Reporting Act, then it should be a federal matter, is that how you originally brought the case?
Do you know how you originally filed the case...what law did you cite in claiming a violation?
Specifically, this is the provision in the Fair Credit Reporting Act:
§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title 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.
So you can bring the action in any United States District Court
Thank you for your response. I filed the case as a diversity issue initially against Knights of Columbus Insurance who had helped my ex-wife doctor a POA to change the ownership of my policies and she took the cash value from them. I brought the case as a "subject matter jurisdiction and federal question jurisdiction...when this went no where I filed an amended motion charging fraud under 18 USC 2314. I went to a lawyer who told me it was going to be very expensive so I had the case against KofC dismissed.
I want to rate you excellant, however there are two issues, (1) How do I print out your entire text? It is on some type scroll and I am unable to print it. Are you able to send it to my e-mail? (2) Are you certain this is a federal case?
After you rate as excellent, the message will be available in a separate web page and you will be able to print it then. And if you bring the case under the statute I cited above, then it is a federal case. Just cite the statutory provision I pasted above.
Ok, thanks for that...I guess there is no other way to keep this action in a state court?