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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A collection law firm and the owner of a debt are facing a class-action lawsuit in New Jersey federal court for allegedly filing a collection lawsuit in the wrong venue, and then failing to transfer the suit or do anything when the plaintiff filed an answer indicating she lived in a different county.
The background: Back in April, a collection law firm filed a collection lawsuit in New Jersey state court, seeking to recover an unpaid debt that was owed to a creditor. The complaint was filed in Superior Court in Somerset County, when the plaintiff actually lived in Union County. A little thing about New Jersey, it’s pretty lazy when it comes to naming cities and towns. Hence, there is a Plainfield, New Jersey, the town in which the plaintiff lived, and there is a North Plainfield, as well as a South Plainfield (don’t even get me started on the Oranges or the fact there is a South Amboy and a Perth Amboy, but no Amboy). Because that’s not confusing enough, Plainfield is in Union County, South Plainfield is in Middlesex County, and North Plainfield is in Somerset County.
- After being served with the complaint, the plaintiff filed an answer with the court, indicating she lived in Somerset County, not Union County where the suit was filed.
- But, according to the complaint, the defendant “failed to take any remedial action,” such as transferring the case to Somerset County. Instead, the complaint alleges, the law firm filed for a notice of motion for summary judgment in Somerset County.
The claims: The complaint accuses the defendants of violating Sections 1692e, 1692e(5), 1692e(10), 1692f, and 1692i of the FDCPA by filing a motion after being notified the the venue was improper.
- The suit seeks to include anyone else from The Garden State who had a lawsuit filed against them by the defendant which was filed in a county other than the one where the individual lived or where the contract was signed.
