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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118189
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I brought a civil case against a municipal government in

Customer Question

I brought a civil case against a municipal government in small claims back in 2014. The small claims judge said she didn't think that her court had jurisdiction on this matter because it was against the city's tax office. The judge informed me that she would have to check with the tax court to see if they had jurisdiction on this matter, she never did and this case is in limbo since, even after many letters to the presiding judge and head judge of the superior court, who claims that he can't intervene in this matter.
So my question is this, is this a Federal Violation of my rights, under due process and can a file a civil action in Federal District Court?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If this is a tax dispute, DC Superior Court is the court with jurisdiction over tax disputes, not small claims court according to the DC court jurisdictional rules. DC Code 47-825.01a states that the Superior Court has jurisdiction over any assessment or tax appeals. You need to seek to dismiss the action in small claims and refile in DC Superior Court according to the DC statute. The judge of the Superior court cannot intervene unless the small claims case is dismissed and a case is filed in the Superior court properly.