Legal Question in Credit and Debt Law in California

Situation: A wrongful (mistaken identity) writ of execution was served to my bank account in san jose, from LA and all my money was taken. I have filed a complaint here in Santa Clara Superior court in order to get my money back, against the attorney who issued the writ, the collection agency this attorney used to work for and the individual who had a default judgment against a person with same name as mine in LA.

NOTE: The writ has been quashed by LA superior court.

So basically all those three defendants reside in LA and they are requesting a change in venue to LA.

My reasoning is that the problem i.e. the bank from where they took my money is here in San Jose, so the venue is proper here. Also for the convenience of the witnesses and the in "the interest of justice" I believe the venue is correct in Santa Clara.

What is your opinion?

What are my chances of opposing the motion?

Any relevant or similar case that I can use to support my opposition?

Any help is sincerely appreciated. I am doing this in pro per.

Thanks.


Asked on 4/04/10, 12:04 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

While it's commendable that you were able to get this far in pro per, a trained attorney can spot legal issues that you could miss -- such as the fact that you can sue them for damages over and above the original amount of money. Your complaint could be amended to allege conversion, abuse of process, and violation of the Rosenthal Fair Debt Collection Practices Act. A successful lawsuit under FDCPA carries with it an award of attorney fees, which you won't be able to get in pro per, so why wouldn't you? More to the point, if they have a lawyer and you don't, you will be an underdog in the case no matter how compelling the facts are. You need to respond to the motion for a change of venue by nine court days, Saturdays, Sundays and holidays excluded, prior to the hearing date. Prior case law on the subject of change of venue motions can be found at the law library, or on my bookshelf. I would greatly enjoy speaking with you about your case, please feel free to call me or email me through my web site, mikestonelaw.com .

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Answered on 4/09/10, 2:12 am


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