• Report: #523780

Complaint Review: Jefferson and scott associates

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  • Submitted: Sat, November 14, 2009
  • Updated: Sun, November 15, 2009

  • Reported By: Korin — Ellensburg Washington United States of America
Jefferson and scott associates
1925 Century Park E Los Angeles, California United States of America

Jefferson and scott associates Told me I had to fly to Californai because I was being sued in Federal Court for 3 seperate criminal charges related to a payday loan. They told me all of my personal information Los Angelos, California

*Consumer Comment: Jurisdiction/venue issues

*General Comment: Odd

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I was called at home and asked my lawyer information... When I asked what the call was about I was told I was being sued in the state of California in Federal Court, and that there were 3 seperate charges, including fraud. I told them I did not know what this was about they explained that it was about a payday loan. I again told them they had the wrong person, but that is when they told ME my Social Security number, bank and account number, family references, and went on to say that my Social Security benefits were going to be stopped the next day. I began asking them questions and getting loud. I ended up speaking to 2 different people because i could not even understand the first and the second was vary rude. The man ended up hanging up on me. The next day I called all three credit agencies, personal credit card companies, and Social Security to file fraud claims. Then I went to my bank and closed my personal checking and savingss accounts and opened new ones.

This report was posted on Ripoff Report on 11/14/2009 08:30 PM and is a permanent record located here: http://www.ripoffreport.com/r/Jefferson-and-scott-associates/Los-Angeles-California-90067/Jefferson-and-scott-associates-Told-me-I-had-to-fly-to-Californai-because-I-was-being-sue-523780. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Jurisdiction/venue issues

AUTHOR: Tim - (U.S.A.)

If you're actually being sued, you will receive a complaint and summons. However, there are glaring jurisdiction and venue issues.

If you don't receive a summons and complaint, then don't worry about a lawsuit, because there isn't one. But just to be on the safe side, I would contact the clerk of the court to see if there is an action pending.

If you do receive a complaint and summons, your best option is to hire a lawyer.

However, if you can't afford a lawyer, you should probably file a "limited" answer addressing only the jurisdiction and venue issues.

In a nutshell, in order for a case to be conducted in a given court, three things are needed: personal jurisdiction over the defendant; subject matter jurisdiction over the claim; and proper venue.

The court lacks personal jurisdiction over you if you don't live within its geographical boundaries or the transaction didn't take place within its geographical boundaries. The court lacks subject matter jurisdiction over the claim if it doesn't involve federal law or the claim is for less than $25,000. The court is a proper venue only if you live within its boundaries, the transaction took place within its boundaries, or you agreed via contract that it would be a proper venue.

If I were you, I would file an answer that does not address any of the allegations in the complaint. Rather, I would merely state that the court 1) lacks personal jurisdiction over you; 2) lacks subject matter jurisdiction over the Plaintiff's claim; and 3) that the court is not the proper venue for the Plaintiff to bring the claim.

Again, if you are actually sued, your best option is to hire a lawyer.

Best of luck!

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#2 General Comment


AUTHOR: Lenny - (U.S.A.)

I imagine they would have ended up asking you for money to represent you in court.  You did the wise thing.  
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