MasterP_Nice Posted July 12, 2006 Report Share Posted July 12, 2006 So I'm thinking about filing a small claims suit on A$$et. Max limit in my county is $7,500, and I'm thinking about throwing in violations of FDCPA, FACTA and Rosenthall (state collections act).A couple of questions I thought I'd put to the forum...1. I know I have to serve the agent of process, which is C T Corporation System, and I have the contact and address. Does EVERYTHING have to go through this person, or do I contact A$$et at their PO Box in Michigan for anything?? For example, the small claims site says what to do if the defendant resides within 150 miles from me. Do I use the addy of the agent of process or the company HQ?2. Realistically speaking, how much could I be forced to spend from initial filing fees to (assuming I win) fees for collection of a judgement, and how long would it take? Small claims cases are usually heard within 3 months and there's a mandatory 30 day wait after the judgement before you can start collecting...Anyone have advice? Link to comment Share on other sites More sharing options...
hannah Posted July 15, 2006 Report Share Posted July 15, 2006 So I'm thinking about filing a small claims suit on A$$et. Max limit in my county is $7,500, and I'm thinking about throwing in violations of FDCPA, FACTA and Rosenthall (state collections act).A couple of questions I thought I'd put to the forum...1. I know I have to serve the agent of process, which is C T Corporation System, and I have the contact and address. Does EVERYTHING have to go through this person, or do I contact A$$et at their PO Box in Michigan for anything?? For example, the small claims site says what to do if the defendant resides within 150 miles from me. Do I use the addy of the agent of process or the company HQ?You will need to serve the resident agent. Some states allow the secretary of state to do this as well but it will cost you. After the suit is filed and served, then the attorney or agent for Asset will file an answer. The attorney or agent answering the suit for Asset will then be the contact for discovery, etc. The resident agent is for service of process only.2. Realistically speaking, how much could I be forced to spend from initial filing fees to (assuming I win) fees for collection of a judgement, and how long would it take? Small claims cases are usually heard within 3 months and there's a mandatory 30 day wait after the judgement before you can start collecting...Anyone have advice?Personally I wouldn't sue in small claims for federal violations as small claims judges are generally not well-versed on the law with these types of claims. Go federal if you can and that way Asset will know you are serious. Remember this, the wheels of justice grind slowly. After receiving the suit, they can petition to have the suit removed to a higher court. If you win in small claims, they can still appeal to a higher court. Link to comment Share on other sites More sharing options...
Recommended Posts