Hi Mark, Read your comment in Mel's thread, but didn't want to hijack. I may have to file suit against a CC for no PP. I'm in TX. The agent of service is in Dallas County, I'm about a 75 mile drive away. You mentioned that I might have to convince the JP to hear it in her court. Do you have experience with this? How did you handle it? The day I picked up my packet I spoke with the Judge, and she was sure I was going to have to file in Dallas. Also, rules of court here state that I have to send a demand and deadline letter CRRR first. Do you know if I need to send that to the Agent of Service, or can I send it to the legal department at the CC's office? Nothing clear cut in the notes. Thanks in advance!
jlynn, Why would you need to file in Dallas? The JP just doesn't want to hear the case, probably above their head. Iwould ask the County Court their advice. The case should be heard where YOU live. Charlie
Charlie, In the packet I received, under venue, it states a. county and precinct where defendant resides. b. Where the defendant contracted to perform. The agent of service is in Dallas, home office is GA. I never mentioned these were FCRA violations to the judge--didn't want to influence LOL But now, I also noticed it says "If the Defendant lives in another county, this court will call the appropriate county for individuals filing with the court to determine the service fee to be paid in that county." hmmm I may have to go answer the judges phones again for a while today.
Use the JP in your county/precinct...the law allows this. You can call the JP's office up and speak to the clerk, they will usually tell you right off if you can file there or not. If they say 'no' then explain to them that the FCRA/FDCPA allows you to file in any court with competent jurisdiction. from the FCRA: "§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under 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 two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. " from the FDCPA: "§ 813. Civil liability [15 USC 1692k] (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. "
Thanks Mark - might make it even tougher on the OC. The closest airport is 75 miles away! Its a one-attorney town, and he is already under my retainer for an estate matter - Conflict of interest. hee hee
One last question please - Should I send the final demand letter required to the Agent for Service, or to the Legal Department at the Corporate office? Or even both to cover my bases.
send to the registered agent. Sometimes I've sent CC: Legal Dept., however I am 50/50 on whether or not that is useful or not. It's going to end up with legal anyway, the agent will freak and either respond quickly to you, or ask legal what he/she should do.
jlynn, Just send it to the legal dept.The registered agent is not a player right now. All they'd do is forward the letter to legal.
Well, I called the JP court, and they say I have to send the demand to the Agent of Service. I did a search on them, (its another corporation), and found that they have to forward within 24 hours to legal anyway.
