Legal Question in Credit and Debt Law in New York

Suing a Collection Agency and/or Original Creditor

I want to sue a collection agency and possibly the original bank/creditor, who's base is/are in Pennsylvania/Delaware.

I presently live in New York and have been living here since credit was originally granted to me.

Should and can I sue in New York state court or should I go straight to Federal court? Cause of Action: Violation of FDCPA.

Is there a particular cause of action I could bring in state court?


Asked on 9/09/04, 12:09 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Suing a Collection Agency and/or Original Creditor

This is a case of federal subject matter jurisdiction: see Section 813(d) of the FDCPAct. Federal Court is better than State Court. Go to the courthouse (Brooklyn). Ask to be directed to the pro se clerk. Listen to the nice clerk, s/he is specially trained to deal with pro se plaintiffs, and can get you the assistance of a volunteer lawyer to help you thread the needle. Good luck.

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Answered on 9/09/04, 2:20 pm


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