Maybe he is training in Afghanistan...
My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.
The Bank of America attorney was cold-hearted. She refused to speak with me before our case, wouldn't look at or even acknowledge me during the case, or discuss the option of dispute resolution. I tried to talk to her afterwards, but she ignored me and kept on walking.
Thanks for update (and the thread). Not the best news. Hoping for a successful outcome.
Well at least their was some good news. Sounded like the judge didn't know exactly what to do. GL on whatever way you go.
theficus said:[the judge] claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations.
Always make sure when you file a complaint that you make the right claim (cause of action) or else your case will almost always be dismissed no matter what facts you have.
have you tried consumerist.com and read the problem(s) that other people have with BoA?
bcmind said:have you tried consumerist.com and read the problem(s) that other people have with BoA?
I second that - consumerist would probably love this story.
theficus said:My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.Is that something specific to small claims court? State courts most certainly do have jurisdiction to award damages based on federal law (with very few exceptions, e.g. patent and copyright infringement and possibly certain cases involving the United States). Is it possible to appeal a small claims dismissal? (Of course, it might be pointless if BoA wants to be in federal court and would remove the case if it weren't dismissed.)
Additionally, based on the facts as you've given them, you should have plenty of state law claims independent of any federal law violation.
LH2004 said:theficus said:My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.Is that something specific to small claims court? State courts most certainly do have jurisdiction to award damages based on federal law (with very few exceptions, e.g. patent and copyright infringement and possibly certain cases involving the United States). Is it possible to appeal a small claims dismissal? (Of course, it might be pointless if BoA wants to be in federal court and would remove the case if it weren't dismissed.)
Additionally, based on the facts as you've given them, you should have plenty of state law claims independent of any federal law violation.
I think you're right. I've shamelessly copied this section from "Zen and the Art of Small Claims" (a web site that you can google)
The warrior's argument against this is International Science and Technology Institute, Inc. v. Inacom Communications, Inc.6, a 1997 Fourth Circuit Court of Appeals ruling that dealt with the federal anti--junk-fax law:
"... the legislative history of the TCPA supports our interpretation that Congress intended that private actions under 47 U.S.C. § 227(b)(3) be treated as small claims best resolved in state courts designed to handle them, so long as the states allow such actions."
If it can when it comes to junk-faxes, I don't know why you wouldn't be able to with other types of cases. Just cite the right statute. (IANAL)
theficus said:
The Bank of America attorney was cold-hearted. She refused to speak with me before our case, wouldn't look at or even acknowledge me during the case, or discuss the option of dispute resolution. I tried to talk to her afterwards, but she ignored me and kept on walking.
You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.
If you decide to go ahead then be ready to go all the way.....there is no turning back.
I usually decide on my future course of action by whichever makes me sleep better at night.
Just my 2 cents.
ShakuniMama said:You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.
Not true... their attorney knew that he was going to ask for their surrender.
DiabloD3 said:ShakuniMama said:You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.
Not true... their attorney knew that he was going to ask for their surrender.
Given the OP's claims (which I'm not disputing) of racial slurs, I certainly wouldn't talk to the OP in anything other than an official, recorded, "on the record" capacity if I was on the opposing side.
verruckterBaum said:Given the OP's claims (which I'm not disputing) of racial slurs, I certainly wouldn't talk to the OP in anything other than an official, recorded, "on the record" capacity if I was on the opposing side.
Oh I totally agree. They fscked up badly, and our not-a-terrorist friend is about to show us a dramatization of the US invading Iraq, where BoA gets to play the part of Saddam.
Sounds like what USAA did to me, except I didn't sue (although I threatened to).
Here my experience....
I tried opening an BOA brokerage IRA account online and BOA approves it sends me all the literature then closes it without even informing me.
When I phone them they tell me that the risk dept decided that I was too much of a risk.
Like I said previously, FILE IN FEDERAL COURT. Small claims is a joke, you WILL be disappointed.
da555 said:Here my experience....
I tried opening an BOA brokerage IRA account online and BOA approves it sends me all the literature then closes it without even informing me.
When I phone them they tell me that the risk dept decided that I was too much of a risk.
Well, they saved you time anyhow. IRAs should always be opened at Vanguard, its retarded to have them anywhere else.
^^^Why? I can buy ETFs at any brokerage, and Vanguard ETFs are much cheaper than buying their funds directly. Well, unless you're a piker where a tiny commission makes a difference of more than a basis point it's 'retarded' to open Vanguard funds directly.
|
 |
|
|
While FatWallet makes every effort to post correct information, offers are subject to change without notice. Some exclusions may apply based upon merchant policies.
