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CA is on the other side of country


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This is probably a stupid question but I;ll ask anyway.

:roll: I have a collection account for a dentist bill listed with Trojan. I dv'd them just last week. Wouldn't it be possible since they are thousands of miles away to just file a lawsuit in my local court for violating the FCRA and betting that they just won't show and get a default judgement?:twisted:

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This is probably a stupid question but I;ll ask anyway.

:roll: I have a collection account for a dentist bill listed with Trojan. I dv'd them just last week. Wouldn't it be possible since they are thousands of miles away to just file a lawsuit in my local court for violating the FCRA and betting that they just won't show and get a default judgement?:twisted:

I live in VA, and a CA lived in AZ (2300 miles). I sent sued them after they didn't respond to my DV's etc on time-barred debts. Well, they hired a lawyer local and they showed. I still won, but if you plan on suing make sure you have your case ready.

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  • 3 weeks later...

That is not stupid and unethical. You can file a lawsuit in the appropriate venue. If they do not show, that is on them. The tactic here is to sue them for such a small amount that they will not bother to show.

The catch here is that the SCC has no power to grant injunctive relief, nor can a judge in any court order a delete of a TL. In other words, it is enforcing the judgment from across the country that becomes a problem.

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I sued a CA that was 2300 miles away for debts they wouldn't delete and belonged to my father (same name). The debts were, $15, $18 and $45. I gave them an out by deleting and I would cancel the suit. I also sued them in small claims court where they would not be allowed representation by attorney. The debts were also time-barred, but they still hired an attorney to remove the case to general district! I still won, but why would they spend the amount of money they did to defend an $78 debt. That's a unique situation, but it can happen.

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I dv'd them a month ago and they won't respond. The f-ers are reporting a 10 year old account for the second time and frankly I've HAD IT with their BS. I have no proof of the date of service because the a-hole OC is just as bad as they are. Who would think that they would need to keep a dentist bill for 10 years. To make things even better they just changed my account to "open" but it is still marked as a collection so I am even more confused and frustrated than I was in the first place. It shows up on my report as a late payment and it's lowering my credit score.If I have to I'll die with this on my CR. I will never pay them one red cent.

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In that case you need to dispute the TL as obsolete to the CRAs. Do it until they won't take your disputes anymore. Maybe apply for a car loan if you are in the market. THEN sue them under the FCRA (you have no CoA right now). You can throw FDCPA in there too. :)

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