Who Do I Sue

[unusualtwo]

Do I sue in small claims court against the CA or the CA owner?

[nascar]

Do I sue in small claims court against the CA or the CA owner?

Niether one unless you have a cause of action.

[I hate EXP]

File in federal court.

[qtptute]

It depends AND you have to know your Judges. In most places, the state court Judges don't know and don't want to know about Federal issues. They are there for claims between neighbors, car accidents, and the like. In CA you have a different problem all together. Rosenthal Fair Debt (CA Debt Collection Act) is an additional cause of action. That can also be brought against creditors not only debt collectors.

File Federal questions in FEDERAL COURT. They can answer the FEDERAL questions. FCRA, FDPCA, HOEPA, TILA, RESPA, and the rest of the federal consumer protection act.

File civil stuff (your neighbor's tree fell on your fence) in STATE COURT. The State Court Judges don't know or care to know the FEDERAL stuff.

In your question you asked if you should sue the CA and the CA's owner. That depends on a number of factors including is a debt collector collectable? Is the owner collecible? Is this a case where you can substantiate actual damages? This is a truely confusing quagmire for which there is no easy question.

Some d/cs if you sue the owner, you get hammered on a motion for sanctions. Other places, its the only way you will get paid, when the d/c fades into the background. Sometimes, even when you sue the owner and the agency, you end up with a fight for a judgment, and no ability to collect. They are (and were) insolvent, and file Bankruptcy. see: eg: Ryon Gambill: C.D. Cal, Riverside division, 03-17759 (case dismissed for bad faith filing)

So no matter what you do, you run a risk that they are deadbeat debt collectors.