Collection Agency Cannot Sue Me in Small Claims Court?

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Latest post 03-15-2012 9:27 PM by adjuster jack. 5 replies.
  • 03-15-2012 4:07 PM

    • rob_htx
      Consumer
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    • Joined on 03-15-2012
    • TX
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    Collection Agency Cannot Sue Me in Small Claims Court?

    Hi Everyone, I hope I posted this in the right spot since its a mixture of both law confirmation and debt/collection agency issue.

    I live in Houston and recently was served papers stating I am being sued by a JDB for an old debt (Still not too old SOL is not active yet).

    However scanning through my local court house I came across this:

    Persons Not Allowed to Bring Claims in Small Claims Court:

    In general, an assignee, a money lender, and a collection agent may not bring an action in the Small Claims Court.

    This is set by Section 28.003, Texas Government Code.

    Wishful thinking: Does this mean the Collection Agency cannot sue me?

    Thank you for the clarification!

    Source:

    http://law.onecle/texas/government/28.003.00.html

    http://www.jp.hctx.net/civil/about.htm

     

  • 03-15-2012 4:13 PM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 5,913

    Re: Collection Agency Cannot Sue Me in Small Claims Court?

    Are you sure that your summons and complaint does indicate that your local Small Claims Court has jurisdiction?

    Don't assume, read it carefully. You may indeed be in regular civil court, even if the amount you owe is under the small claims limit for your state.

  • 03-15-2012 5:45 PM In reply to

    Re: Collection Agency Cannot Sue Me in Small Claims Court?

    rob_htx:
    Does this mean the Collection Agency cannot sue me?

    No.

    It means that you might have grounds to get the lawsuit dismissed.

    If your next question is "how do I do that?" you're probably going to need a lawyer.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-15-2012 7:32 PM In reply to

    • rob_htx
      Consumer
    • Not Ranked
    • Joined on 03-15-2012
    • TX
    • Posts 2

    Re: Collection Agency Cannot Sue Me in Small Claims Court?

    Actually I have not been served yet. I only found out that I have a case against me by "Ambulance Chaser" lawyers sending me advertisments to use their services. By looking up the case number I found it is legit with details thus I started my reseach and came upon this section law.

    So the case listing is from a Justice of the Peace Court House. I called that JP and spoke with the clerk and he "just gave it to the server company". So I am thinking all points to this JP aka Small Claims Court.

    Until I receive the actual papers I dont truly know. Thoughts?

     

  • 03-15-2012 8:02 PM In reply to

    Re: Collection Agency Cannot Sue Me in Small Claims Court?

    rob_htx:
    Until I receive the actual papers I dont truly know.

    Exactly.  Justices of the Peace handle regular civil cases as well. 

  • 03-15-2012 9:27 PM In reply to

    Re: Collection Agency Cannot Sue Me in Small Claims Court?

    I usually look up Denton County as illustrative of the local court system.

    There is a small claims level and a justice court level.

    If you are being sued in the justice court level the Texas Rules of Evidence and Texas Rules of Civil Procedure are in effect but not in Small Claims Court suits.

    So, in justice court, it's proper for a collection agency or assignee to file the lawsuit against you.

    Here's the Denton County website:

    http://www.dentoncounty.com/dept/main.asp?Parent=150&Link=358

    See if your local court website has similar information.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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