A case was filed against me for a debt I did not owe. Long story. ANyways, I filed a counterclaim, with a great defense. Now, (so far I answered their complaint and they answered my counterclaim.) In the interim, new counter defendants have surfaced that I'd like to add to my counterclaim, and additionally I'd like to change the venue if necessary. I'm arguing fdcpa laws, not sure if these can be argued in district court (Michigan) and theres a chance the damages will exceed district court limits. My question is this - should I change venues, and how do I add on third party defendants at this point and if yes to both, can it all be done at once or do they need seperate motions?
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- Thread Starter mick1221
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presutin
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If your case is over the $5K threshold, you will need an attorney to help you with all the filings and additions to the counter claim. If it is under, you need to check with your local small claims court on how to proceed with changing venue and with adding more counter-defendants to the case.
Well, their original claim was filed in district court here in Michigan ($25k cap) but I'm wondering mostly, if the federal laws that I'm citing can be heard at that level, or if they HAVE to be moved to federal court? Additionally, the damages could easily exceed 25k, so that's another issue. CAN federal laws be fought in district court?
presutin
Moderator
Yes, they can.
State courts have concurrent jurisdiction over federal issues. You cannot remove to Federal court since you are the defendant and the federal issue is in your counterclaim. The Federal issue has to be in the plaintiff's complaint. I am confused about adding third party defendants and why you would want to in a debt case.
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