US Supreme Court sez state courts can take federal claims

Posted by begoodorelse (66.207.255.28) on February 27, 2004 at 20:58:18:

In Reply to: Suing on an FDCPA violation in State Court. WhyChat? posted by Dave on February 27, 2004 at 16:34:04:

I won't bore you with all the case citations, but it's one of the better kept secrets in law (actually not a secret at all, if you go look up the cases) that the general rule is, state courts have jurisdiction over lawsuits arising under federal law. Unless Congress really meant for exclusive federal jurisdiction (such as with federal criminal laws, tax and revenue laws, some others), state courts will do just fine for civil federal law actions. FDCPA definitely qualifies.

I had to write a whole dang legal memorandum for a state court judge once who didn't believe me, so that's how I know. If your judge gives you static about FDCPA having to go to federal court, it doesn't, and I'll be glad to email you my memo if you need it.

Follow Ups:

Post a Followup