Re: Problems Filing Small Claims Suit !!!

Posted by rob (68.36.124.96) on May 11, 2002 at 15:51:14:

In Reply to: Re: Problems Filing Small Claims Suit !!! posted by Linda on May 11, 2002 at 02:23:38:

Thanks for the reply Linda... its ashame that this happened, but I'm not the type who gives up that easily. Like I said, people are scared to fight these companies to begin with, but then when someone does get up enough courage to do so, they are faced with this. Very discouraging, and many probably just beleive what the clerks tell them. Anyways here's the letter...

Dear Sir or Madame,

I have been trying to have this complaint filed for weeks now and I am not getting anywhere. I keep getting this complaint sent back to me in error. A “Christine H” told me to submit the paperwork again and that it would be filed with no problem, however on Friday May 10, 2002, I went to the courthouse to file this again and I encountered a “Maria” that insisted on being less than helpful and extremely rude. Hence, she would not file my complaint for cause being improper venue.

”In accordance with the FCRA, 15 U.S.C. § 1681p, Plaintiff may bring actions to enforce liability under said laws in any court of competent jurisdiction. All of Plaintiff’s causes of action arose in the County of Bergen, New Jersey, to with, Defendant engaged in prohibited credit reporting activities against Plaintiff while Plaintiff resided in the above named county.”

Furthermore, New Jersey law governing the venue of Special Civil Part lawsuits states
(6:1-3. Venue) “If all defendants are non-residents of this state, venue shall be laid in the county in which the cause of action arose.” Since in this case, the defendant Equifax is based in the state of Georgia and I am only requesting their registered agent be served in West Trenton, NJ, I should be able to file this suit in Bergen County.

If you have any further questions, please feel free to contact me at XXX-XXX-XXXX.

Sincerely,
rob

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