Hi all I found this site via google and looking for a bit of help. I'm being sued in small claims court by Lustig, Glaser & Wilson, P.C in Massachusetts for a credit card debit that is with-in the SOL. I'm looking for some opinions on my line of thinking. The plaintiff is Barclays Bank/Juniper but the attorney is the above mentioned L,G,C P.C in Mass where I live. I've done a bit of research and I'm not 100% sure that Barclays/Juniper has anything to do with the suit as I believe it's just a tactic being used by the the debit collector to make it appear as if they are working in behalf of Barclays/Juniper. Lustig, Glaser & Wilson, P.C seems to be a front for HEMLOCK GORGE HOLDINGS, LTD. neither of which are licensed debit collectors with-in Mass from what I could find. I never received the prior notice about the debit as I have a PO box and get a lot of junk mail. Meaning it might have been in there but I didn't notice it and trashed it. (I don't get a lot of personal mail, but thanks to being in a PO box I do get a lot of junk so I have a habit of trashing what appears to be junk) I noticed the summons that I was being sued but it was after I returned back from a out of state trip so I'm not working with a lot of time. (court date is Oct 20th) 1st thing that stands out, is they have sued me in their district in Somerville, which is over 50 miles from my residence. My own district court house in Dudley is only 4 miles from my house. (They knew my address as they sent me notice I was being sued and still sued in Somerville district) I've done research on this matter and found a case that was dismissed partially on the fact that the case was not filed in the defendant's home district as required by FDCPA. ( I can't post links so I removed the http pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=gertner/pdf/harringtonmtdaug27.pdf case is MICHELLE HARRINGTON, v. CACV OF COLORADO, LLC, and J.A. CAMBECE LAW OFFICE, PC, ) 1) I know that I can file a motion to change venue because the clerk of court admitted they should have never accepted my case. What I'm wondering is can I use the above linked case as a way to have the case dismissed? I talked to the clerk of court and they said I could file the motion to dismiss & a motion for change of venue at the same time. I'm curious what the opinion is on this, as I'm not sure if I should. I wonder if the judge would be less likely to dismiss on the grounds of wrong venue if I also have a motion to change venue. Assuming I am able to get the case dismissed, will they then be able to refile it in my district? 2nd I'm not dealing with a lot of time before the court date I assume the debit collectors will attempt to drag out returning a response to my DV. If I can't get the case dismissed or the change of venue what happens if they don't respond to my DV prior to the court date (it's less than 30 days from time I sent DV which was yesterday) btw I did try to contact the debit collector and tried to get them to agree to a postponement but they just did everything possible trying to get me to agree to paying and refused to postpone. Thanks for any help.
