Legal Question in Consumer Law in Ohio
I want to know where to file a lawsuit in Ohio. I am suing a credit card company who's headquarters is in Las Vegas, NV. They have admitted to closing my account on accident, but refuse to reopen it (Never been late), and won't remove the information from my credit report, (it is now listed under negative information because it was closed after 2 months). I think it needs to be filed in state court, but I want to be sure. Thank you.
1 Answer from Attorneys
If you are an Ohio resident and you entered into the credit card agreement in Ohio, then you can sue the credit card company in Ohio. As for serving the defendant with a copy of the lawsuit, you would need to go to the Ohio Secretary of State's website and look up the company. The company will have set up a "statutory agent for service of process" for the clerk of court's to send the lawsuit to after you file it.
You may or may not have a cause of action against the credit card company for shutting your account down by mistake. It will depend upon what your cardholder agreement states. But if they reported derogatory information to a credit reporting agency by mistake and will not correct that, you may have a lawsuit against them for that. You should also contact the credit reporting agencies to see if this is on your record and adversely affecting your credit score. It it is, you can send letters to the credit reporting agencies asking them to investigate the improper report together with any information you can provide showing that it was a mistake to close your account and they will have to do a reasonable investigation within a certain time period (I think 30 days but not sure).
If they continue to reflect the improper information in your credit report even after being given evidence that would prompt a reasonable person to remove the improper information, then you can bring a suit against them under the Fair Credit Reporting Act.
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