Legal Question in Credit and Debt Law in California

Limited Civil Suit

I received a summons that I was being sued in civil court San Mateo county for the balance of a credit card account. I do not live in and have lived in San Mateo county. The debt was incurred in 1993 in the state of Fl. Can I ask for a dismissal based on the fact I have never lived in San Mateo?


Asked on 7/19/07, 4:32 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Limited Civil Suit

We would have to review your documents including the court file. If the statute of limitations has run, you may have a right to bring a Fair Debt Collection Act action against the company. I would have to review what you have and the file, but it is possible that the case could be removed to Federal Court with a Counter-Claim against the company. Please call me if you have any questions.

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Answered on 7/24/07, 7:23 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Limited Civil Suit

You can either remove the case to the county where you currently live or you can ask for it to be dismissed for being the wrong jurisdiction. This may entitle you to damages under the FDCPA but you should consult with an attorney about that issue.

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Answered on 7/19/07, 4:41 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Limited Civil Suit

Aside from the fact that the statute of limitations is up, the practice of suing people in geographically distant jurisdictions is known as "distant forum abuse." As attorney Stein noted, an experienced consumer law / FDCPA attorney may be able to help you beat back the lawsuit and possibly recover damages from the entity that sued you.

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Answered on 7/19/07, 4:50 pm


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