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Collections Lawsuit Filed in Wrong County

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  • 07-09-2011, 12:44 PM
    ChristineEP
    Collections Lawsuit Filed in Wrong County
    My question involves collection proceedings in the State of: Alabama.

    I received a summons today from a collection attorney. The suit was filed in a county I do not live in currently and have never lived in. The complaint only states the amount I am being sued for and attorney fee. I have two accounts with this collection attorney and have being paying on one since January of this year, and the other I just started paying on last month. The only thing I have in writing regarding the two accounts is a letter stating the amount to be paid monthly, the date the arrangement was made, and the due date. I am assuming that this is what the suit is for since the plaintiff owns both accounts I am paying on, and I have not received any other collection letters from the collection attorney regarding any other accounts.

    I do admit I am 14 days late on one account and 8 on the other. I was going to call and set up payment for both this week.

    My question is should I answer the summons or call the collection attorney to see if I can go ahead and set up those payments and ask for the lawsuit to be dropped?
  • 07-10-2011, 10:21 PM
    Mr. Knowitall
    Re: Collections Lawsuit Filed in Wrong County
    You may file a motion for a change of venue to the proper county, or if you prefer you can allow the lawsuit to proceed in the incorrect venue.

    You are free to try to negotiate whatever settlement agreement you want with the attorney. If you just violated the prior settlement agreement that was to keep this out of court, though, he's less likely to be amenable to a new payment plan. You won't know until you ask.
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