Expert: Jason Shear, Esq. - 12/18/2008

Question
Mr. Shear:

I was recently sued by a lawfirm in New York State Supreme Court on behalf of a collection agency for an old credit card debt from around 5-6 years ago.  The problem is that the case was brought in the county were my parents live, they are the ones that gave me the summons.  I haven't lived there in over 2 years.  I currently live in another county about 5 hours away in New York State where I currently work.  I read that the FDCPA states a consumer has to be sued in the county they live in.  Is that correct?  

I worked for a couple summers while in college as a paralegal so I knew how to file an Answer and Discovery demands, but my question is what do I do about the case being brought against me in a court in a different part of the state.  Thanks so much for your help!

Answer
Janis:

Unfortunately, the designation of an improper venue is not a jurisdictional defect and will not result in dismissal of your case.  What you need to do is file a Demand to Change Venue pursuant to New York CPLR § 503 and 510.  If the Attorney for the Collection Agency does not consent, you can file a Motion pursuant to NY CPLR § 503, 510 and 511.  You file the Motion in the County you want the case moved to.  In your Affidavit in support of the Motion, argue the FDCPA venue requirements.

Hope this gets you on the right track.  If you have any questions about what I wrote or require anything else, please do not hesitate to call.

Jason Shear, Esq.
NY Consumer Lawyer
(716) 566-8988