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First question I got is Who are some Lending Tree mortgage lenders in hawaii? Hoping for any answer. Another quick question... What law school did you graduate from. I hate to tell you this, but SIMPLY PUT the following simple example shows you how just wrong you are.. |
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I'm stumped. I'm not so sure what is the answer to your question. I'll do some investigation and get back to you if I find an answer. You should email the people at Lending Tree as they probably can answer it..
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He is filing his case in California state court. This is not a federal case. California law applies. The section that I referenced clearly states that he can file in any county he wishes to file in. I've passed the Cali state bar and would like to think that I understand a little about how the law works here...
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I realize that, but I understood him to say his defendant resides in Califorina. That makes the "catch all" evnue provision inapplicable...
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The corporation that I'm suing is in California. They're trying to get the case moved to a court nearest them (Los Angeles), and I want it to stay in San Diego...
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I would need to apologize if I misunderstood him, and his Defendant resides outside of Califorina. of course, you would know more than me about Califorina state law. I was just in disagreement with you because I understood the agency to be a resident of another county in Califorina...
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Thats what I thougth mainframe. Patentatty and I probably both agree that the harm occurred in your county, so I am assuming that Cali for a venue provision for that?.
Go with patentatty on this one, but I would argue the harm occurred in your county making venue proper... |
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Sorry, that was the confusion. If the CA is in LA, then he should argue that the harm occurred in his county as you've suggested earlier..
Another part of 395(a):. If the action is for injury to person or personal. Property or for death from wrongful act or negligence, either the county where the injury occurs or the injury causing death occurs or the county in which the defendants, or some of them reside at the. Commencement of the action, shall be a proper county for the trial of the action.. Glad we cleared that up... |
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Sorry I made a personal attack. I should not have done that...
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I went to Georgetown but will readily admit that I pulled a B in CivPro. <grin>..
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A hell of a lot better than me, I will be graduating from Loyola-New Orleans this coming May..
The home of the dreaded C curve. the top 33% is a 2.65. Its impossible to get a job out of state sue to the horrible GPAs we are left with. I am one of the few above 3.2.. |
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I barely finished in the top third myself but since my undergrad was technical, I sat for the patent bar and managed to get a job here in San Fran after 3 months of looking. Tough job market these days...
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Did you consoldiate your loans. I am sure you have the debt I probably have ($94,000), and thats after scholarships. I do not want to lose my grace period, but I also want to make sure I have a decent Lending Tree loan rate...
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Actually yeah I did and I have 92k to pay down(Federal Direct Loans). My payment went from 900 or so a month to 315 (at 3.5%, graduated repayment). The company I went through is SLCC, their # is 888-800-1584. Takes about a month to process but there's no credit check, everyone qualifies...
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Okay, so what I have now is sufficient? Since in the last paragraph I argue that the injury took place in my county because that's where I discovered it?.
Secondly, on the Federal issue: I know that this is not a Federal case, it's a State case. However, I thought that since I was bringing action under a Federal Statue, that the issue of venue would be moot?. I'm obviously out of my leauge between the two of you, so I'll just ask dumb questions until it all makes sense. :).. |
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Sorry, didn't mean to hijack your thread here. I'd argue that the injury occurred in your county because that's where you lived when the inaccurate reporting occurred, not because you discovered it there. That's probably a very minor distinction though. In no event should your case be dismissed for improper venue, it should be transferred. My gut feeling is that you won't have a problem. Argue to the judge that you have a cause of action lying in the California FDCPA and that your injury had to occur somewhere, it didn't just happen in the stratosphere. And if it occurred somewhere, then it occurred where you lived when the inaccurate reporting was going on...
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They are not dumb questions. Im sure patentatty had people in his law school class who 3 weeks before the exam had no idea venue and jurisdiction were seperate and distinct..
They are trying to intimidate you. I think yo covered all your bases with the injury occurring in your county. Patentatty may be able to help with alternative venue provisions you can use. You should also use everything you can... |
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Ohhhhh, MainFrame, please do keep this thread updated, or at least keep us updated wrt your case..
I admit to following this very closely now that I see you're in SD County. I am, too, and this will give me a bit of insight into the small claims courts here should I need to go that route.. Heck, if you wouldn't mind, I'd love to come watch to see how well the judge knows the FCRA... |
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Waalien,.
No problem, glad to hear you're in SD. I'll make sure I keep this updated or otherwise let everyone know how the case is going. I'm going to fire off this letter to the court regarding this venue issue, then we'll see where it goes from there.. I do have two other cases pending. One of which I am considering dropping, since I no longer possess the evidence (due to my car being broken in). The remainder is a case against an OC for, you guessed it, inaccurate reporting... |
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Patentatty, rocket,.
Thanks fellas for the input and guidance. I'm sure your expertise/opinions will be needed again shortly. Thanks again... |
