venue & small claims

Discussion in 'Credit Talk' started by fun4u2, Apr 27, 2004.

  1. fun4u2

    fun4u2 Well-Known Member

    re; filing suit for out of state CA can it be done in my local court where the debt occured?

    also re: in state CA but located in another county same question.


    I want to sue for violations under the FDCPA and FCRA.
     
  2. Hedwig

    Hedwig Well-Known Member

    I think you can file in your county, but that may depend on the state. You need to serve their agent in your state, but you can usually get that information from your Secretary of State.
     
  3. fun4u2

    fun4u2 Well-Known Member

    ok im freaking out now

    all CA doing business located outside of Calif must be registered with the Sec of state in order to conduct buisness here.

    I checked there is no such name found, my first insinct is to think that they are under a sur name so I checked with the state of la the new orleans BBB office where this Ca is said to be located, no records exist under that name.

    another wierd thing is the area code doesnt match for that city in that state where the CA address is so I went to switchboard . com and searched the phone # no records found.

    hmmm i already sent them a CMRRR letter today I wonder if the address is even valid.

    any suggestions where to look next ???
     
  4. fun4u2

    fun4u2 Well-Known Member

    ok it gets better now
    the company has a toll free # but says to call eastern time ? there is no address associated with toll free #

    I called the local information to get the local # for the business located in new orleans no listing is found


    for all I know some smuck has all my personal info and is conducting business out of is house!

    does anyone know if a liscense or bond is required in the state of LA for a CA ???
     
  5. fun4u2

    fun4u2 Well-Known Member

    anybody know the answer plz :)

    I want to file suit what court do I need to use.
     
  6. hiding90

    hiding90 Banned

    For small claims....IT IS WHEREVER YOU ARE LOCATED.


    Its "B" for you Fun :)
     
  7. fun4u2

    fun4u2 Well-Known Member

    I am suing a Ca in another county,

    I was told even though my debt occured here, because I am suing for violations under the FCRA and FDCPA they could challenge the venue as they have no contract with me and their business is located in another jurisdiction

    does this sound right?
     
  8. fun4u2

    fun4u2 Well-Known Member

    bump for butch , sassy, hiding or LK :)
     
  9. hiding90

    hiding90 Banned

    FUn......ALL CA SMALL CLAIMS COURTS ARE The same:)


    The "notice to defendent"......read the "venue table" on the back or on page 3.

    "B" states :a person was injured or personal property was damaged in
    the area of this court location.


    so for #4 on page 1, fill in B :) and file wherever your credit report was damaged :)
     
  10. fun4u2

    fun4u2 Well-Known Member

    ok that helps as the Ca stated C was not appropraite and would seek to dismiss the case for inproper venue but I can see how B would apply

    thank you very much :)
     
  11. fun4u2

    fun4u2 Well-Known Member

    hiding since your still on here... he he he
    can you help me with the problem I am having locating this ca as I mentioned on this thread a few posts up ?

    plz what r your suggestions?
     

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