Re: Question on filing a lawsuit against out-of-state creditor
- From: nospam@xxxxxxx
- Date: Wed, 24 Aug 2005 16:51:19 GMT
On 24 Aug 2005, , "Joshua Heard" <jheard@xxxxxxxxxxxxx> wrote:
> In California, small claims court does not
> have jurisdiction over out of state defendants.
The OP having referred to a dispute with the very large financial
services conglomerate, Capital One, has Mr. Heard verified that that
enterprise does not regularly conduct business at offices it maintains
(Of course, the OP also did not report, on the one hand, whether his
contract with Capital One contained jursdiction/forum selection
provisions that exclude Calif. as a place of dispute resolution
although, on the other hand, he also did not make sufficiently clear
whether, even if such provisions were present in Capital One's and his
original agreement, there is sufficiently clear documentation between
him and Capital One that they had mutually can celled that earlier
contract [evidently one of the OP's core contentions] so that such a
requirement would not apply to the present dispute.)
>This situation . . . does sound like a typical bureaucratic mess.
> Do everything in writing. Do not telephone. If they telephone,
> immediately send a confirming letter . . . . [that doesn't] state
> anything negative against yourself in the letters. Remember,
> you are not writing the letters to them, but to the judge who
> will read the letters if the case ever goes to court. Each
> letter should also contain a slanted history of the issue up until
> that letter in case any previous letters get lost.
> Have patience. Hopefully, after you paper their file with your
> letters, some supervisor somewhere will drop the whole issue.
> However, them calling you after you requested them to stop is
> a violation of Fair Debt Collection Practices Act. Put that in
> a letter as well.
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