The Justice Network
Credit Card Lawsuit
How I sued my credit card company and won
Like many people I could not find a lawyer willing to take a case where the amount in dispute was relatively small.
A lawyer may see value in charging $10,000 to settle a $5,000 credit card dispute, but the ordinary person will not.
Household Bank overcharged and defrauded on my credit card, and then reneged on a settlement. I sued and won. My existing debt was canceled and I received a couple thousand dollars. The following is
not legal advice but for educational purposes only.
Step one: Sue in federal court. There are two BIG reasons. One reason is PACER, Public Access to Court Electronic Records that allows online access to court documents and pleadings for .10 cents a
copy, from the comfort of you home or office. Florida state court charges $1.00 per page for copies and there is no online access. You must travel to the courthouse, wait in line, and pay $1.00
per page, plus gas and parking. For PACER you will need an account. You can read about PACER on Wikipedia
The second and more important reason to sue in federal court is fairness. The ordinary person has little to no chance in Florida state court. The reason is simple.
Lawyers own the Florida state courts and the judges who hear the cases. In federal court the judges are more independent because they are appointed for life and do not depend on lawyers for campaign
contributions or favorable performance reviews.
You read that right. Florida judges are subject to performance review by lawyers. The review is done by completing the Confidential Judicial
Feedback form.
The Judicial Administration and Evaluation Committee of The Florida Bar has responsibility for the feedback program. The stated goal is to provide a confidential means by which attorney members of The Florida Bar can communicate with appellate or trial court judges concerning their perceived specific strengths and weaknesses. Providing judges with confidential feedback, assists them with self-assessment and self-improvement. The voluntary, confidential feedback program for trial and appellate court judges began January 1, 1998.
In addition, the practice of law in Florida state court is sloppy and lawyers will take advantage of that fact. Federal court is more orderly and a lawyer is less
likely to get away with bad behavior.
Below are some of my documents in Gillespie v. HSBC Bank, et al, case no. 5:05-cv-362-Oc-WTH-GRJ, US District Court, Middle District of Florida, Ocala Division, the Honorable William Terrell Hodges presiding.
Good luck!
2005, 10-17-05, Defendants motion to dis[...]
Adobe Acrobat document [795.0 KB]
2006, 09-25-06, Order establishing cause[...]
Adobe Acrobat document [67.2 KB]
Order establishing cause of action, Sep-25-2006
HSBC $2000 settlement check and letter, Nov-01-2006
United States District Court
Middle District of Florida, Ocala Division
Golden-Collum Memorial Federal Building & US Courthouse
207 NW Second Street
Ocala, Florida 34475-6666
Telephone: (352) 369-4860
PACER login US Dist. Ct, MD of Florida
The United States Courts are an independent, national judiciary providing fair and impartial justice within the jurisdiction conferred by the Constitution and Congress. As an equal branch of government the federal Judiciary preserves and enhances its core values as the courts meet changing national and local needs. Read more here
The Federal Judiciary YouTube Channel
U.S. District Court Judge, Hon. Wm. Terrell Hodges
U.S. Judge HodgesThe Honorable William Terrell Hodges
American Inns of Court
2007 Professionalism Award for the Eleventh Circuit
Judge Terrell Hodges, the widely esteemed senior judge from the United States District Court for the Middle District of Florida, was selected to receive the
2007 Professionalism Award for the Eleventh Circuit. Read more here
US District Judge William Terrell Hodges, Wikipedia
Independence of the Federal Courts
The promise of the federal courts, in contrast to the state court system, is judicial independence. The title of federal judge means a judge appointed by the President of the United States and confirmed by the United States Senate in
accordance with the United States Constitution, also known as an Article III federal judge. Article III federal judges serve "during good behavior" and often paraphrased as appointed "for life".
Judges hold their seats until they resign, die, or are removed from office. Federal judges have perhaps the best job security available in the United States. Moreover, the Constitution forbids
Congress to diminish a federal judge's salary.
In the United States federal courts, magistrate judges are appointed to assist
United States district court judges in the performance of their duties. Magistrate judges are authorized by 28 U.S.C. §
631. Magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be
reappointed. Magistrate judges of limited tenure are sometimes referred to as Article I judges. Article I judges are not subject to the Article III protections. For example, these judges do not enjoy
life tenure, and Congress may reduce their salaries.
Because Article III of the United States Constitution vests the judicial powers in courts to which the judges are appointed for life (and which are therefore called
Article III tribunals), decisions of a magistrate judge are subject to review and either approval, modification or reversal by a district judge of that court, except in civil cases where the parties
consent in advance to allow the magistrate judge to exercise the jurisdiction of the district judge. Read
more here
NOTICE to pro se litigants about U.S. Magistrate Judges
The ordinary person, or pro se litigant, may not understand the significant difference between a U.S. magistrate judge, and federal
judge, also known as an Article III judge. Be aware that the difference between these two types of judges is important and significant, especially to the pro se litigant.
In short, an Article III federal judge is the real deal, while a U.S. magistrate judge is not. In the typical federal civil lawsuit both kinds of judges often preside over the same case.
As outline above, an Article III federal judge is thought to be truly independent because of the lifetime appointment by the President of the United States and confirmation by the United States
Senate in accordance with the United States Constitution.
In contrast, a U.S. magistrate judge has a limited term, depends on the approval of his peers for reappointment, and therefore is not truly independent. In other words,
a U.S. magistrate judge faces some of the same pitfalls of a state court judge.
Federal Judgeships, U.S. Courts website
United States federal judge, Wikipedia
Magistrate Judgeships, U.S. Courts
website
United States magistrate judge, Wikipedia
The following case illustrates the role of the magistrate judge and federal judge, and some of the pitfalls involved. In Armor Screen Corp v. Storm Catcher, Inc., 709
F.Supp.2d 1309, S.D. Florida, the federal U.S. District Court Judge, Kenneth L. Ryskamp, adopted Report and Recommendation (on disqualification of counsel) of Ann E. Vitunac, the U.S. Magistrate
Judge, and disqualified counsel.
A magistrate Report and Recommendation is authorized under 28 U.S.C. § 636. As shown in the
Armor Screen Corp. case, a party shall serve and file written objections, if any, to the Report and Recommendation with the U.S. District Judge within fourteen (14) days after being
served with a copy. See 28 U.S.C. § 636(b)(1)(C), Failure to file timely objections may limit the scope of appellate review
of factual findings contained herein.
The forgoing is provided without charge for educational purposes only. Contact a licensed attorney for legal advice.
709 F.Supp.2d 1309, S.D. Florida
Armor Screen Corp v. Storm Catcher, Inc,[...]
Adobe Acrobat document [1.4 MB]
Rule 59. Matters Before a Magistrate Judge
Federal Rules of Criminal Procedure (criminal cases)
PACER - Public Access to Court Electronic Records
U.S. Courts: Case Management/Electronic Case Files
PACER (law)
From Wikipedia, the free encyclopedia
PACER (acronym for Public Access to Court Electronic Records) is an electronic public access service of United States federal court documents. The system is managed by the Administrative Office of the United States Courts. It allows users to obtain case and docket information from the United States district courts, United States courts of appeals, and United States bankruptcy courts. Read more here
PACER login US District Court, Middle District of
Florida
Official Website, PACER, Case Search Sign In
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