It was my understanding that a CA attorney or debt collector could only file suit in either the county were the defendant/ consumer resided or where the contract /obligation occured. if this is the case and the CA attorney filed and obtained a defaulted judgment in a different county can the case be dismissed for lack of process? if they messed up and refile in the proper venue can they tack on those additional fees due to their mistakes?
Well... First things first... You will need to get the default judgement thrown out for (most likely) improper service (not sure whether wrong venue would be a cause to have the judgement set aside or not). From the Act. From the Commentary.
Keep in mind, you would have a $1,000.00 violation for the Section 811 violation of the FDCPA, as a counter-suit if, and/or when they would re-file in the conveinient forum.
