workingpoor

How do you go about suing an out of state CA?

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Do you have to travel to that state and file? Do you contact an out of state attorney and hire them to file, like the CA's do to us?

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I'd check with your Dept of State if the CA is registered in your state. If so, where and who is their registered agent and the address.

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If they're sending you mail and calling you, they're "doing business" in your state, whether registered or not. I haven't heard of anyone having to travel to another state to sue a CA.

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The FDCPA provides that a consumer may bring "(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs."

If upon the grounds of the FDCPA you wish to file suit, then your local small claims can do it....although you may have to be very clear with the judge in the action since small claims usually don't have much experience handling these cases. Small claims is a court of competent jurisdiciton to handle sub $5000 statutory claims of injury.

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The FDCPA provides that a consumer may bring "(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs."

If upon the grounds of the FDCPA you wish to file suit, then your local small claims can do it....although you may have to be very clear with the judge in the action since small claims usually don't have much experience handling these cases. Small claims is a court of competent jurisdiciton to handle sub $5000 statutory claims of injury.

I like this answer most of all. It's nice to think of a CA clear across the continent ignoring my lawsuit because it's too trivial to be acknowledged, and then me getting a default judgment..... Sound familiar anyone?

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CA's will sometimes have attorneys working in your area. They will appear in court most of the time. However, they'd rather settle than to get default judgement.

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I like this answer most of all. It's nice to think of a CA clear across the continent ignoring my lawsuit because it's too trivial to be acknowledged, and then me getting a default judgment..... Sound familiar anyone?

Yes, you can file in your local court. However, a default judgment against an out-of-state collector may be of little value unless the collector has assets in your state or the judgment affects the collector's ability to be licensed somewhere.

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a default judgment against an out-of-state collector may be of little value.

This would be more for a moral victory than actually collecting on the judgment. Any suit I win - as plaintiff or defendant - isn't really about the money. That would just be the icing on the cake.

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CA's will sometimes have attorneys working in your area. They will appear in court most of the time. However, they'd rather settle than to get default judgement.

This has been my experience as well. I've sent out intent to sue letters that get usually get ignored, but once I file a civil complaint in my state's version of small claims court, I quickly receive a phone call from an attorney looking to settle.

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Yes, you can file in your local court. However, a default judgment against an out-of-state collector may be of little value unless the collector has assets in your state or the judgment affects the collector's ability to be licensed somewhere.
Agreed, but how cumbersome is the process of having a judgment transferred? I know it happens all the time, just not sure what the threshold judgment amount should be to make it worthwhile.

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