Dismiss Civil Lawsuit

by Ignacio from Miami, Florida, Miami-Dade County

I've been served with a Civil Lawsuit for a credit card debt filed in Broward County and I live in Miami-Dade county.

Is it possible to ask a dismissal because of this reason?

Answer to Florida Court Forms Question

Dear Ignacio,

Yes, you could file a Motion to Dismiss because it was filed in the wrong circuit.

Dade County and Broward County are two separate judicial circuits, not just two separate counties.

According to the Fair Debt and Collection Practices Act (FDCPA) a creditor must either file suit in the county where the alleged debtor resides; or where the contract was signed.

The suit will likely be dismissed without prejudice, which means that your creditor can re-file the case in Dade County.

When dealing with collection agencies, make sure that they can legally prove that you owe the debt. Have a look at a government pamphlet, Fair Debt Collection Practices Act.

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