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  1. #1
    Join Date
    Dec 2010
    Posts
    7

    Default Credit Card Lawsuit from Asset Acceptance LLC

    My question involves collection proceedings in the State of: New York (Not NYC)

    I returned home this evening to find a court summons taped to my door. The summons is from a nearby city in which I do not reside. We have the city's mailing address which I assume is where the debt collector received the info. The street address is incorrect however, and I have never received anything from this debt collector. Would it be possible for me to file for a dismissal for lack of jurisdiction? I assume they will refile in my town or county court, which is fine but will buy me more time to get the money or settle with them directly.

    Also if not, it says I have 10 days to answer if served to me personally or 30 days if not served personally. Since it was left on my door is that not personally? It is dated October 25, but I just got it left today.

    Thanks in advance for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Credit Card Lawsuit from Asset Acceptance LLC

    If the case is filed in the proper state but in the wrong venue, and you wish to have the case heard in a different court that is the proper venue, you can bring a motion for a change of venue.

    If the rules of your state allow you thirty days to reply if you're not served personally, and you weren't served personally, you have thirty days to file your answer. It's better to act sooner, though, as opposed to later. Procrastination can lead to inadvertent default.

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