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Can I get my case re-assigned to a CLOSER courthouse?

Los Angeles, CA |

I am being sued by a Persolve LLC, a 3rd party bill collector. Originally their case was filed in the Beverly Hills Courthouse, and a resolution meeting and trial were set for June/Sept in BH. TODAY, i just received notification that the case has been re-assigned to the CHATSWORTH COURT where Persolve is located, and is 45 mins from where I live!!! Can I GET THIS RE-ASSIGNED TO A CLOSER LOCATION???

Attorney Answers 4

Posted

Unfortunately, no. This is a terrible tragedy for litigants. However, due to the state budge crisis, the Los Angeles Superior Court had to consolidate all limited jurisdiction debt collection cases to one of two courts, Chatsworth and Norwalk.

See the following links:

http://lasuperiorcourt.org/courtnews/Uploads/142013341314813NRHubsestablished.htm

http://lasuperiorcourt.org/consolidation/ui/

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Asker

Posted

Norwalk is closer to me. Can i somehow request a change from chatsworth to norwalk?

Posted

It is a violation of the FDCPA to sue someone in the wrong venue. If the location has been changed, either the new location violates the law or the old location violates the law. You can, and should, sue them for that. Try this:

http://www.westcoastlitigation.com/evaluations

Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 619-233-7770, or through one of the evaluation forms on this site.

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Eric D Ridley

Eric D Ridley

Posted

Robert, this is an issue with the consolidation of our courts up here, and not likely to fall under FDCPA. LA has consolidated similar actions into the same courthouses, for no particularly good reason.

Posted

As the other attorneys have pointed out, unfortunately, no. This is a result of the budget cuts incurred by the Courts. You should, however, have a debt collection attorney manage this matter for you, instead of trying to defend it yourself. You have a better chance of ending up with a positive result.

Eric Ridley can be reached by phone: (805) 244-5291, by email: ridley.eric@gmail.com, or at http://www.ridleylawoffices.com . Consultations are always free.The Law Offices of Eric Ridley emphasizes Consumer Law, Collection Defense, Bankruptcy & Litigation. Eric D. Ridley is licensed to practice law in California. This answer is intended to provide general information only. It does not create an Attorney-Client relationship, nor should it be construed as legal advice or an opinion on specific situations. I am a lawyer, but I am not *your* lawyer until we have a written agreement that says so.

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Posted

As a result of the many thousands of debt collection lawsuits and Los Angeles County budget cuts, all limited jurisdiction civil collection lawsuits are being moved to either the Chatsworth or Norwalk courthouses. Although this may be a terrible inconvenience for you, you should know that courthouse appearances are few and far between in most cases so if the necessity to appear arises, it will not be that often.

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