Re: Question on filing a lawsuit against out-of-state creditor

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
in Calif.?

(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.


.

Relevant Pages

  • Re: Handwriting Analysis of Clinton, Obama, McCain & Einstein (is Copyrighted)
    ... that those universities are REPRESSING having my Einstein ... I had to add the present post in order to get my letters to ... President Bush 'on-the-record'. ... writing are shaped a certain way it will mean this or that. ...
    (sci.physics)
  • Re: Draw to PC
    ... case which I think are the preferred terms when teaching writing :-) ... you would certainly be expected to use the terms upper case ... letters might be more appropriate. ... The earliest typewriting machines (a typewriter was originally the ...
    (comp.sys.acorn.apps)
  • Resume Writing Software and Cover Letters
    ... Resume Writing Software and Cover Letters ... Jimmy Sweeney Cover Letters and Resume Creator ... tremendous success and it is international appreciated. ...
    (comp.lang.javascript)
  • Re: Usefulness of rejection letters
    ... Self-publishing means that you pay someone money to print and publish ... > their novels through a steady stream of rejection letters. ... if book editors don't have the time to do that any ... a new novelist to keep writing and submitting to publishers until he ...
    (rec.arts.sf.composition)
  • Re: 2-year-olds reading?
    ... olds shouldn't know the alphabet? ... Toypup did say that kindergarteners should not be expected to write ... Just because they know their letters doesn't mean that they can write them. ... enjoys doing, we pick ones which don't require a lot of writing, but instead ...
    (misc.kids)