Author Topic: Filing a TCPA case in Small Claims?  (Read 658 times)

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Vincent_Vega

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Filing a TCPA case in Small Claims?
« on: November 07, 2017 04:33:28 PM »
The payoff in my TCPA case is likely low (2-3k perhaps) so I'm not too keen on investing $300 to file in district court (which will likely be removed to federal anyway) and deal with the headache of motions, discovery, etc.

Any reason not to file in Small Claims?  They'd have to fly in a corporate rep, and are located nowhere near me.  My sense is they will offer a decent settlement once a summons of any sort is received (already sent an ITS; attorney offered extreme lowball settlement). 
Amount collected from debt collectors:  $4,700

kevinmanheim

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Re: Filing a TCPA case in Small Claims?
« Reply #1 on: November 08, 2017 12:13:59 AM »
Can you appeal a small claims verdict in your state?

If so, I would file in small claims with the expectation that you or they will appeal de novo to the higher court -- at which time they may try to remove it to federal court.

If they try to remove it to federal, file a motion to remand because they didn't remove within 30 days of your filing the original case.  :vbrofl:

Small claims is a good choice as long as you can appeal. It gives you a free shot at seeing what your opponent is like.




hamsalad

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Re: Filing a TCPA case in Small Claims?
« Reply #2 on: November 08, 2017 09:17:08 PM »
I usually file in small claims.  It gets their attention, the filing fee is lower, and if they remove it to federal, I'm fine with that. 

You may run the risk of a small claims judge not being "receptive" to a TCPA claim in that he/she may not know much about it.  I had one case where this happened and I tried to educate the judge in court and he was not amused, LOL.  In fact, he ended up finding in favor of the defendant. 

I filed an appeal which would have been heard de novo in the circuit court and we settled soon after I filed. 

 
"One simply sues when federal laws are violated."

 

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