Portfolio Recovery Associates, LLC sued our client in Buffalo City Court. The Buffalo City Court does not have jurisdiction over Defendants who live outside Erie County. Our client lived in Niagara County, NY and never lived in Erie County, NY. The address listed on the summons issued by Portfolio Recovery Associates’ attorney was a Wyoming County, NY address. Portfolio Recovery Associates listed our client’s mother’s Wyoming County, NY address on the Buffalo City Court summons. Our client did not live with his mother at the Wyoming County, NY address. Whether Portfolio Recovery Associates, LLC used our client’s actual address in Niagara County or his mother’s address in Wyoming County, NY – as was used — either address would make a case brought in Buffalo City Court an improper venue. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from taking legal action to collect a consumer obligation in a judicial district or similar legal entity other than where the consumer resides or signed the contract. We then sued Portfolio Recovery Associates, LLC under the FDCPA and obtained a confidential settlement for our client.

Practice Area: FDCPA 

Debt Buyer:   Portfolio Recovery Associates, LLC

Debt Collection Attorney: Catherine M. Hedgeman 

Violation: Sued client in wrong jurisdiction 

Outcome: Confidential settlement for client