When a Collector Files a Law Suit/Where Is It Filed?
Date: Thu, 05/31/2007 - 16:04
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?
Can you give us some more information? What state do you live in
Can you give us some more information? What state do you live in? How old is this debt? Who is the collector?
Collectors are bound by the fdcpa & state law where the suit is
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.
Capital Managment and Resurgent LVNV, and Asset Acceptance are
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.
If the balance is $10,000, what court do they file a lawsuit in?
If the balance is $10,000, what court do they file a lawsuit in? (state, county?)
Is $10,000 the max you can file for in small claims court? I thi
Is $10,000 the max you can file for in small claims court? I think it would be a county court.
States are different when it comes to small claims. For example
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.