So I am going to file against xyz collections for violations in this thread. I have a few questions and I am not sure where to go for answers. The ladies at the court were not too helpful, and I dont have the available funds to consult an attorney. 1) The collection agency is located in Massachusetts. All my letters went to their office in Massachusetts, and the CR listing has a Mass address. They do however have a regional office in TX, and also a registered agent in TX. The paperwork is similair to this (scroll down to section 28.012) except the court and county information is already complete. As you can see there isnt an option to put anything but a TX address for the defendant. BTW, the registered agent for this company has the same address as their regional office. So do I put the address of the defendant as their regional office? 2) On the form you are allowed only a three line area to summarize your complaint. If you read my thread here you will see there isnt any easy way to summarize all that in three lines. So what do I put there? Can I attach a sheet with a full page brief showing the whole enchilada or does that come at a later point? 3) Venue. I want to be prepared for any questions regarding proper venue. I have a few state law violations to help, but I am worried about the federal stuff. The lady at the court said she cant ever remember anyone suing for federal violations. I know the FDCPA says any court of competent jurisdiction, but how do I show the judge that his court does in fact fit that description? Any advice or suggestions would be greatly appreciated. Thanks
I live in Texas and sued a deadbeat in the small cliams court who owed me money last year - it was really informal. You use the Texas address, or agent for service address, the County Courts here have no jurisdiction in MA and would have a problem serving it. I typed my own claim and just wrote "see attached" on the complaint form - the clerk had no problem notorizing it. You might want to check out the Texas Business and Commere Code. This has some specific regulations for CRA's and the like, and is defitely a state issue, rather than a federal one. I would issue it in your local court - if the defendant isn't happy with that they can apply to have it transferred somewhere else. Remember the JP can only make an award for money. Good luck!
I live in TX but have never gone to Small Claims court..however, I thought I was going to recently and I bought a book called "How to win in small claims court in Texas." Now, since I never used it, I don't know if it was any good..but it did comfort me to read it..ya' know.....I like to gather lots of info before I do stuff..so...for what it's worth..lol...
NanaC, Where did you get that book? May be something to check out. At the Univeristy I attend, we have free student legal services, so I have made an appointment to go in and talk to them. We will see what they have to say, if anything.
Does anyone have suggestions as to what to tell the judge, if he asks me about the jurisdiction issue(regarding federal law in small claims court)? How would I convince him that his court is of competent jurisdiction, as the FDCPA says? Thanks
Truthfully, Amazon.... Bought it used..cheaper..whoohoo ..maybe you could try your library and see if you think it's worth buying after checking it out Good thinking on your university resource
Re: Re: TX small claims experience needed Well I checked my library online, and I can access that book via the web from home. Pretty cool. The idea to see my school's legal support people came from the lady at the court. I was asking questions and she told me to check with the university. I did and they told me to come on in, I have to wait a few weeks but still its free legal advice. Anyhow, off to read that book. Thanks NanaC!
