I just can't find this in the archives.... If I live in state A and CA lives in state R and I want to sue CA, can I file in my state or does it have to be in CA's location? If I can file in my state, does the CA really then come out to my state (completely across the US) or can they hire someone on this end to represent them?
It depends on what you are suing them for. If it is for a non-pp you can sue them where you are. Actually, you can probably sue them where you are anyways because your cause of action and the subsequent damages from that cause of action accrued while you were a resident of your state, city, and precinct. What is the lawsuit over? That would help quite a bit. I don't know about state laws (other than TX) but Federal laws I might know about. Hope this helps
Both the FDCPA & FCRA allow the consumer to file against a company in any Federal Court, or other court of competent jurisdiction (unless the FCRA prohibition on lower court suits has already taken affect under FACTA -- which would still allow you to file, but in the local federal court jurisdiction.)
Thanks Jam. BTW, I'm still disecting and learning a lot from your "Why time barred =delete! Thanks for posting it.
Well it was more a general vs specific case. There are two creditors that I'm interested in pursuing. Both have non-pp violations (one of which is multiple) and both involved collection activities following a BK. Furthermore, while one is showing on the CR that it was on my bk (16 years ago... yes, 16), the other is showing a balance with a severly derogitory comment in the comment section. I'm just getting home and wanted to peak in on my mail, I still intend on setting down and writing you more specific questions. Thanks Rondaben
Don't worry about your venue question. Non PP pulls are covered by the FCRA. It states that you can sue in "any court of competent jurisdiction". That means that if for example small claims court in your state only goes to 5k and you are suing for say 2k you are fine to sue in your own precinct. If you are asking for 6K you would have to go to the next higher level of court--the county courts--to be covered under their jurisdiction. You can bet that in an lawsuit all of them will try to have the venue changed to thier home turf. Don't worry--if you have a halfway decent judge you will have no problems keeping it in your back yard. Let me know if you need the case law to support your defense against their motions. Good luck!
Thanks again soooo much Rondaben! Now if my small claims ct only goes to 3K, but my civil court allows me up to 25K, I can sue there instead? Also, thanks for the offer of case law on the change of venue... I have a feeling I might need it.
Sure..you need to sue in whichever court can "handle" the amount you are suing for. Otherwise they will try to get the case dismissed for lack of subject matter jurisdiction.
