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What is the proper venue?

Date: Fri, 04/25/2008 - 03:44

Submitted by unclewulf
on Fri, 04/25/2008 - 03:44

Posts: 3172 Credits: [Donate]

Total Replies: 10


Mornin' y'all -

I'm contemplating legal action against a CA for FCRA and possible fdcpa violations. I have [I believe] a good paper trail on this, I'm just waiting on the CRAs to finish their latest round of 'investigations.' My question is this: Wher do I file this action? My state/county? Theirs? Somewhere else entirely?


I'm going to venture a guess- although I'm sure someone else much more knowledgeable will be able to answer your question, but I think you would file in your state and county for the same reason one presses charges against someone for criminal actions within their own city/town - you are the "victim" in this scenario with the complaint. A long time ago I had to press charges against someone who lived 400 miles away from me. But I had to actually file the charges with my own county and jurisidiction.

But I could be totally wrong on this because this is a civil matter, and not a criminal one ^_^ Good luck just the same!


lrhall41

Submitted by Amaranth on Fri, 04/25/2008 - 04:15

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Well, they are doing business in your state of residence, and so you can sue them where you live. I've always heard you can sue in a County Court, but since it is a Federal issue they may be able to request a change of venue to a US Court.
When I had prepared a suit, I planned on filing it in the US District Court for my region. Here is the language I used in my complaint (albeit, the CA was only 20 miles from me as well):
??????
Except I never had to file it, because I also mailed the CA a copy with a final warning letter, and they gave into my demands before it got that far.


lrhall41

Submitted by DebtCruncher on Fri, 04/25/2008 - 04:50

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since the laws you are suing over are federal laws, then federal courts, regardless of the state, are appropriate. An attorney I am working with in my state(two lawsuits against CA's for breaking the same laws that youre dealing with) chooses only to file in federal court. If I recall right, you are allowed to sue in your state's courts over this--check the fdcpa for this information, I believe it is mentioned in the law itself.


lrhall41

Submitted by on Sat, 04/26/2008 - 22:04

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Heh...NNC again...you all notice he hasn't peeped a word on my thread talking about how I sued LVNV and won?:) No comments on that topic, nope. :) Anyhow, you can file in your own county, just goto the federal level for your area. I sued in small claims, but that is part of my strategy, using just Texas state laws so that they can't try to drown me in paperwork and since it would be very hard for them to disprove that they had not sent me validation. :)


lrhall41

Submitted by goldenbast on Sun, 04/27/2008 - 07:36

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