mtre007

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

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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

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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.

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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?

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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.

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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.

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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.

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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.

:LolPointUp:

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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.

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