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Which state is more debtor-friendly? FL or NY?

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Midland Funding served a summons and complaint (small claims court) on my daugther at my house in Florida last month but she has been living in New York for the last 9 months. The only attachments to the complaint are an internal account statement from Midland and copies of statements. They are suing under account stated, open account and money lent.

I feel she has a good case for a dismissal based on lack of standing (no assignment attached, no proof of ownership, unverified and unauthenticated statements), however, she has been advised to file a motion to quash the service since they served her in FL when she lives in NY. More than likely they will just refile the case in NY.

Is NY a more favorable forum to a debtor than FL? Will her dismissal for lack of standing have a better or a worse chance of surviving in NY than FL?

Thanks in advance for great advice!

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