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Sue Collection Agency in another state


SkyMaster
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A collection agency kept calling my parents house. I know I can sue them for contacting a third party. BUT The collection agency is in California, my parents are in Nevada, and I am in Colorado. SO do I have to go to California to sue the collection agency?

And if I pay off the debt, does that invalidate my case?

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You can sue in the state in which you experienced legally-recognizable injury (such as mental anguish). However, even though you experienced injury, your state might not have jurisdiction over the collection agency. A court conducts a fact-specific analysis to determine whether it has jurisdiction over a defendant. Generally, a defendant must have have engaged in conduct such that it could be expected to be sued in the state in which it was sued. This conduct could be systematic and continuous (resulting in "general jurisdiction") or specific to the case in which it was sued (resulting in "specific jurisdiction").

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The jurisdictional analysis is not quite so simple. If the collection agency did not make any calls to Colorado, and it alleges that it never places calls nor sends letters to Colorado, Colorado might not have jurisdiction over it. However, if it takes other actions to attempt to collect the debt, knowing that its actions will somehow negatively affect a debtor in Colorado, then Colorado might still have jurisdiction over it.

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The jurisdictional analysis is not quite so simple. If the collection agency did not make any calls to Colorado, and it alleges that it never places calls nor sends letters to Colorado, Colorado might not have jurisdiction over it. However, if it takes other actions to attempt to collect the debt, knowing that its actions will somehow negatively affect a debtor in Colorado, then Colorado might still have jurisdiction over it.

Dean is, of course, correct on this point.

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