Legal Question in Credit and Debt Law in California
Suing Under FDCPA
If I want to sue a collector under the FDCPA, due I have to sue in msall claims court in the state the collector resides or can I sue in California since the contract was signed in California and I live in California
2 Answers from Attorneys
Re: Suing Under FDCPA
Not necessarily. It depends on the facts of the case. Was this by telephone, where the collection agency called you in your State and City? Did they have a local office? Where was the debt incurred? Was there executory provisions of the deal? Where were they to be performed. It goes on and on. The residence of the defendant is only the preferred jurisdiction. There are, however, other factor to establish proper jurisdiction. Such as forum non conveniens i.e. where do the witnesses reside?
Re: Suing Under FDCPA
You should sue in Federal Court for violation of a Federal Statute. You may have a right to sue also under the State Fair Debt Collection Act. You should have an attorney review your documentation to see if a violation occurred without a possible defense. Please fax your correspondence to me at 714 363 0229 and include your phone number. I will call you and advise you if you have a case or what to do to resolve your problem.