Has anyone had experience with OC and Federal Court?

I'm filing suit against a former creditor for Deceptive Practices and the way they handled my
account. My Attorney tells me that they may try
to get the case moved to Federal Court where the
judges will be more sympathetic to them.

Anyone have any experience or knowledge with this that they are willing to share?

I usually hear that it's the other way around. Especially in lower State courts judges don't have a clue about the FDCPA/FRCA and often rule in favor of the collector/creditor simply ignoring the law.

See Baker vs. Compass Bank (http://forum.creditcourt.com/discus/messages/22/22.html)

Thing is, much depends on WHERE you're at and where the defendant is.

If they're out of State, suing in State court may be an advantage since they'll have to hire an attorney to clue them in on local rules. Seems like federal court rules are very similar, unlike the verdicts of judges. Your attorney probably knows how "your" judges tend to rule.

And, for everyone's enlightenment, where are you?

First, Thank you for taking the time to answer me.
The Creditor is out of state and I am in Ma. I will update as the case progresses and be willing to share whatever I learn in the process. I am just trying to gain as much knowledge as possible
before we go to court, if we get that far.

Why not just file in federal court? I think they attempt to have these cases removed for several reasons. For one...small claims is not really a good venue for these types of cases from a legal perspective. They simply don't have the time or the resources. A federal court, on the other hand, does.

I also think that sometimes they bump it to federal court as an intimidation tactic. That can work in reverse if you file there initially. Not that I think they are intimidated as much as they can see the legal fees mounting and will quickly assign a nuisance value to your case.

Just my two cents!

L