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When a Collector Files a Law Suit/Where Is It Filed?

Date: Thu, 05/31/2007 - 16:04

Submitted by anonymous
on Thu, 05/31/2007 - 16:04

Posts: 202330 Credits: [Donate]

Total Replies: 6


If a collector demands payment and files a law suit, in which court does he file the law suit?

A collector says I owe 5000 something for an old creditcard. Does that mean the lawsuit is filed in a state court or a county court?


Collectors are bound by the fdcpa & state law where the suit is filed.For venue to be proper,the suit must be filed in a court in county where you are a resident.The amount of money they will claim usually determines which court as each level of court system has max limits on damages that can be tried there.


lrhall41

Submitted by cajunbulldog on Fri, 06/01/2007 - 04:18

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Capital Managment and Resurgent LVNV, and Asset Acceptance are the collectors. Neither have said they are filing a lawsuit. I just worry they will. The debts are 4 years old, from the date of last activity. I opened the account in TX, but moved to WA. And, of course the debts are double what I really owe.


lrhall41

Submitted by on Fri, 06/01/2007 - 20:48

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States are different when it comes to small claims. For example in California $7500 is the limit, in Tennessee it is $20,000. Everywhere is different. Generally they'd probably file in your county court (whatever it is called in your state, "General Sessions", etc). The reason for this is that in some states, attorneys are sometimes not allowed in Small Claims I believe.


lrhall41

Submitted by Law Student on Sun, 06/03/2007 - 11:50

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