Local court says I have to sue in the town of the collection agency

[mtre007 10]

Local court says I need to sue in town of collection agency for not validating claim and keeping it on my report. I guess I could sue experian and Transunion but they said the same thing applied! WHAT DO I DO. I have an account that doesnt belong on my report and the collection agency has nothiong but cant get it removed. I wanna make some cash in a settlement if possible

[merkurfan 326]

ask your local court why. Yours would be the first to say that.

[CarolinaBlueEyes 19]

?? you must live in the land of strange court.. I would get another opinion. I have never ever heard of this

[direred 11]

General tort law is that you can sue where the injury occurred.

However, if you're suing in small claims and the other party can't be served under your state's rules, you might have to go to a higher court.

[nascar 961]

I'm pretty sure the OP did not provide the necessary allegations to establish jurisdiction.

[legend 37]

My local town court (small claims court) says the same thing, as well as all links Im finding on the internet for sueing in small claims court in New York state (outside NYC) What is the appropriate court I would want to file in against a collection agency?

[LadynRed 325]

The FCRA and the FDCPA both say that you may bring suit in any 'court of competent jurisdiction' - that includes your local court.

[jq26 862]

This is from the NJ state filing instructions for all small claims courts in New Jersey state. I came across it while helping a friend file a breach of contract claim last weekend:

"WHERE TO FILE A CLAIM

A complaint must be filed in the Office of the Special Civil Part of the county where at least one defendant lives or where the defendant business is located. A business defendant is considered located in a county wherever it is actually doing business or in the county where its registered office is located. If there is more than one defendant, the complaint can be filed in the county where any one of the defendants lives or is located. If none of the defendants lives or is located in New Jersey, the complaint must be filed in the county where the cause of the complaint occurred."

Your state probably has a pro se small claim packet of information that gives clarity. Look online.

[Methuss 10,104]

The entire purpose of the FCRA and FDCPA is to give the consumer the ability to take action against a well-funded company without having to incur unreasonable costs.

I had a local judge say the same thing to me once about an FDCPA claim. My response was to quote the law "any court of competant jurisdiction" and then to inquire if his court was incompetant. He did not like that but conceeded that he simply didn't want to deal with a case he felt should have been filed in Federal court.

If you want to ensure that you don't get the run around from locals that just don't want to deal with it, then file Federal. It costs only a little bit more and you will get that back if your case is strong enough to begin with.

[Focus2069 132]

silly question, but you are putting the companies registered agent as the person to be served, right?

The claim sheet should have 2 places, one for the main defendant (the big corporation) and the other for the registered agent (or second defendant) which is who actually gets served.

[Recovering Attorney 78]

Legend, if thre is a city in your county, you might be able to use the City court, provided the CA is in your county. Otherwise, you may have to go to Supreme Court, which is a court of general jurisidction, or federal court. PM me and we can discuss

[admin 895]

I had a local judge say the same thing to me once about an FDCPA claim. My response was to quote the law "any court of competant jurisdiction" and then to inquire if his court was incompetant. He did not like that but conceeded that he simply didn't want to deal with a case he felt should have been filed in Federal court.

[thomassl 51]

I agree with Methuss! What an idiot judge!

[par 42]

The issue is between federal courts vs state courts? It sounded like OP filed in state court regarding federal statue??????????

[Methuss 10,104]

Many States have adopted the FDCPA in their own State laws either verbatim (like Illinois) or enhanced (like Florida or Texas).

By citing the State law violation and the Federal law violation in the same complaint, you can tie it to a State/local court. This gives the local court "competant jurisdiction" over the case.