Where to sue.....

[Tormenter]

I'm in indiana and would like to file in small claims court against an out-of-state collection agency. Can I do this is in my own state or would I have to file in their state?

Thanks

 

[I AM ALWAYS LIABLE]

I'm in indiana and would like to file in small claims court against an out-of-state collection agency. Can I do this is in my own state or would I have to file in their state?

Thanks

My response:

Basically, unless you're filing in Federal court, then you'll be better off filing in their State - - assuming, of course, that the collection agency has no Minimum Contacts with your State. And no, I'm not getting into a discussion of either Minimum Contacts or In Personam Jurisdiction.

IAAL

 

[Tormenter]

Hmmmmmmm

Thank you for your response.

But wouldn't a business of that type qualify for minimum contacts in any reasonable interpretation of the requirement?

 

[I AM ALWAYS LIABLE]

Thank you for your response.

But wouldn't a business of that type qualify for minimum contacts in any reasonable interpretation of the requirement?

My response:

Why, just because they send letters or make telephone calls to you in your State?

IAAL

 

[bigun]

Post this at www.creditboards.com
Many have sued collectors in their local small claims court.

 

[I AM ALWAYS LIABLE]

Post this at www.creditboards.com
Many have sued collectors in their local small claims court.

My response:

Yes, Bigun - - please fill this person's head with junk. Sure, people can sue in their home States, but that's not the real issue. The issue is whether the court has jurisdiction to allow a lawsuit in a particular State court.

What do you know about Minimum Contacts and In Personam Jurisdiction?

IAAL