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suing collection agency in another state

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I'm ready to sue a collection agency that has failed to provide validation of a debt and has continued to report to the CRA. I'm also ready to file against Experian as they are telling me that the collection agency has validated the debt to them. They are telling me the collection agency must remove the info. Anyway, I'm in Nevada and the collection agency is in California. Do I have to file in CA and appear there, or can I file here in Nevada? Aren't they supposed to have a resident agent or something like here in order to be able to collect from me in the first place?

Thanks for your help

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This is how it works for me here in AZ...... You can file where the action causing the lawsuiet took place. Since I live in AZ & got my credit report in AZ & saw the incorrect TLs in AZ, I get to sue the CA from VA in AZ. Some bigger CAs will have RAs in several states; if they don't, just serve the RA in their state. You can always call the CA to find out who to serve.

[Edit by otto on Tuesday, May 13, 2003 @ 06:48 PM]

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You should check to see if Nevada has any "long-arm" statutes that can hold them liable. Their reporting is causing you damage in Nevada, so I would think you're good to go. The only problem would be service. You could always Certify Mail to California!!!

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Hi,

In my case, I tried to sue the CA in NJ, but the damage happen in California. The clerk in small claim court said I couldn't sue the CA out of state. I couldn't find the regiater agent locally of the collection agency.

How should I do?

Thanks :)

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Sometimes you can't find a registered agent in your state, like the suit I just filed today.

I went to the Internet, found a "process server" in that city, and contacted him (who is going to charge me $60 to serve the papers). When I filed, I requested the defendents papers which I sent to the process server in the other state. He will serve them, send me a notice of service, and bing, bang, boom-it's all taken care of.

Just search on the net for a process server in the CAs state and you'll find a whole list. Then call...

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Everyone should read their state's code on servce first. In some states you may be able to serve by mail, saving the $60. Other states, such as California allow you to try to serve by mail (sending a notice and acknowledgement of receipt) which the defendant can sign and return. If defendant does so, they are served. If not, plaintiff can get the court to order defendant to pay the cost of service by a registered process server.

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You can pretty much ALWAYS sue a CA in your home state, unless perhaps if small claims court forbids it in your state -- but I'm guessing most don't, and you can always sue in regular court. Attempting to collect a debt in your state is an act or omission in your state, and the long arm statute of all 50 states + DC should apply. The issue has been litigated in federal court and uniformly came out in the debtor's favor -- even the CA had only one contact (the letter/call) with the debtor's state. I can post some info on this (from a brief I wrote) if there is lots of demand, but the issue is pretty well-settled.

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<blockquote>Originally posted by inbflat

I'm ready to sue a collection agency that has failed to provide validation of a debt and has continued to report to the CRA. I'm also ready to file against Experian as they are telling me that the collection agency has validated the debt to them. They are telling me the collection agency must remove the info. Anyway, I'm in Nevada and the collection agency is in California. Do I have to file in CA and appear there, or can I file here in Nevada? Aren't they supposed to have a resident agent or something like here in order to be able to collect from me in the first place?

Thanks for your help

</blockquote>

.... ??????..... Why not just sue in FEDRAL COURT, see if you can get an FTC judge?????

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