[mit417]

Once a state civil action is removed to federal, what's the next step? TIA

[centex]

It all depends...for me it would be the Motion to Remand since I would not be litigating a federal question and therefore, there is no basis for the matter to remain at the federal level.

Otherwise, you gear up to proceed at the federal level.

[mit417]

Originally Posted by centex

It all depends...for me it would be the Motion to Remand since I would not be litigating a federal question and therefore, there is no basis for the matter to remain at the federal level.

Otherwise, you gear up to proceed at the federal level.

Thanks Centex,
I'm dealing with Trans Union. I disputed a debt with a debt collector through Trans Union, they didn't send the dispute to the debt collector until 12 days later which violates FCRA 1681i. On top of that, the debt collector admitted that they didn't investigate the account but verified it with Trans Union the same day they got it. To be clear, Trans Union sent it to the debt collector on 01/17/2007, debt collector verified it on 01/17/2007 and notified Trans Union on 01/17/2007 that the info was accurate and verified. Now you tell me, whereis the investigation. In Michigan under the Michigan Collections Practices Act, verification of the debt must include the number and amount of the previous payments.

The debt collector has already deleted the account, but it's too late for that. By the way, the call was recorded.

So am I waiting for Trans Union to respond. I don't want to challenge the removal, I'm better off there than state court.

[direred]

CRAs will always remove to federal for FCRA cases.

[roybean]

Was this your one and only dispute? If the CRA removed to federal, I'd say, "Thank you," and carry on.

If this is your one and only dispute, write again using the language of the statute saying that you want to know procedure for verification of the debt and state why you have a discrepancy so that they can't come back with 'frivilous."