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Local NACA attorneys don't want to sue JDB.


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NACA attorneys seem to be like most business people and are looking for the fast buck. Defense against a debt collection lawsuit is just that. Suit against a JDB, on the other hand, is a lot of work and the money is not quick.

I'm still going to look for a national NACA attorney who likes to go after large JDB's. Any recommendations?

In the meantime, I need to finish up on the claim I've been putting together. One of the things I want to know is where to serve the JDB. I certified my ITS/Cease Communications to their resident agent here in my state. The phone calls stopped the same day the agent signed for the ITS. I'm assuming this was proper. Do I send the summons to the resident agent as well?

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One of the NACA attorney said to file in the local county where I live. I think the idea was that the local judge/jurry would give a more fair shake to one of their local citizens. It's also cheaper yet gives the JDB a reason to respond rather than simply ignoring me. If the JDB wants to go Federal then they can pay the extra filing fee. At any rate, it gets the ball roling.

I had another NACA attorney tell me that the registered agent was the wrong place to certifiy a Cease Communications. I suppose the most perfect place to have them served would be at their office on the east coast but I'm afraid that that would be a little costly.

I was actually going to have the local sheriff put it in their pouch to Des Moines where the registered agent is located..isn't this okay? Or, should I go with a process server?

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Guest usctrojanalum

In The State of NY, the secretary of state is the registered agent for all corporations for the service of process. I would never imagine sending them a cease and desist letter, so the attorney was probably right that you should not have sent them a C&D letter.

As far as a summons go, it's the easiest way to serve a corporation.

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One of the NACA attorney said to file in the local county where I live. I think the idea was that the local judge/jurry would give a more fair shake to one of their local citizens. It's also cheaper yet gives the JDB a reason to respond rather than simply ignoring me. If the JDB wants to go Federal then they can pay the extra filing fee. At any rate, it gets the ball roling.

I agree 100%, in fact, I filed in small claims with a handwritten complaint. Of course the other side took the bait and moved it to circuit court (paying the fee), then I amended my complaint and used proper procedure. In other words, thanks for saving me 100.00 JDB :lol:

They did not give me my wish and remove to Federal but they did pay more more to get sued for more and cost them more in fees.

I think your plan is good. That is the benefit of the FDCPA, it's any court of competent jurisdiction that can hear the case. I like to argue the other side is calling the court incompetent if the other side says the venue is not proper.

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so the attorney was probably right that you should not have sent them a C&D letter.

That's what I kept thinking. However, I do have independent verification that they did receive the CC Order at the home office. The same day the RA signed the green card is the same day that the phone calls from the JDB stopped and never have started again. Wouldn't this be enough to establish that the JDB did get the CC Order? Or should I send another CC Order?

I'm also thinking about sending another ITS letter along with the unfiled complaint. I'm assuming that since it is proper to send a summons to the RA then sending the ITS to the RA is proper as well? Just the CC Order should go to the home office? Or is my independent verification enough to establish proper deliver in this instance and I don't need to send another CC Order at all?

Yea, coltfan, the idea is to get them to respond to me. I doubt if my case would actually go to trial in "Mayberry", Iowa as the JDB's attorney will no doubt want to see if I can swim in deep water.

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The only responsibility the RA has is to forward legal process paperwork to the corporation. I would send your ITS directly to the company attn: Legal Dept. However I would no longer recommend that anyone send an ITS as the JDBs are going to ignore and gives them the chance to start a Declaratory Judgement action on their home turf.

Lawyeringlaw.com: Debt Collectors Strike Back: Attorney Sanctioned for Bringing FDCPA Claim Based on Collection Letters in Compliance with the "Safe Haven" Language

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Yea Kent, I remember you telling me about the declaratory judgment. Thanks for reminding me. I was still thinking about the SLAPP suit not working on me. Would I serve the complaint to JDB c/o RA or do I need to send it all the way to the east coast?

1ststep, I want to pressure the JDB to settle out of court but I guess court action is probably the only way to get them to the bargaining table. I've heard several posters in the past talk success with sending an unfiled claim...I guess that was in the past.

I did get some links pm'ed to me for Nation NACA attorneys. I'm giving them a try now. Until then I'm going to get things ready to go as the FDCPA sol is pretty short.

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Right, but Kent was talking about a question of law, jurisdiction, legal standing, etc which is different than SLAPP suits. The declarator judgment is something that could drag me over to the east coast else face default judgment. Then I would owe court costs, attorney fees, and whatever else they could figure out for me since I did not show up.

I don't know how, exactly, that would effect me here in Iowa. On a Federal level it probably would prohibit me from filing as I still owed court costs. If I filed in state the JDB would move the action to Federal.

But anyway, this apparently only happens when someone threatens to sue, but doesn't. This is why I should just file the complaint instead of sending them an unfiled copy. Basically, to get the game going, I have to ante up the filing and service fees and they either have to bluff me into Federal court or fold and settle.

I'll check into it a little bit more but I think the RA will do just fine for service. It ostensibly worked for the CC Order...they got it because they stopped making phone calls.

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