Suing the Wrong Person
Domestic partner purchased rings from this store which is only in the Los Angeles area. He called and added me as an authorized user. We hit financial challenges do to a layoff and did not keep up with the payments. We attempted numerous times to resolve this concern with the manager at the location to no avail. The store where we obtained the rings closed and relocated to another city about 35 miles away. We called the corporate office and pleaded for a payment arrangement but once more they had no empathy. Since we knew they were not going to budge, we finally stopped all communication. I was served papers for small claims court and I was listed as a defendant. I was not the account owner and was being served. I reviewed the paper work and noticed there were fatal errors which I used to my advantage. In California, the plaintiff must file in the county where the contract was signed. I immediately filed a motion to dismiss due to improper venue. It just means that the plaintiff filed in the wrong county. I was granted the motion and to date have not received any further communication from the jewelry store. This store grants credit to almost any soul which walks into the store and is able to give some down payment on the purchase they wish to make. They cater predominately to spanish speaking customers and therefore it is sad to wonder how many improper judgements they have made when customers do not know they are able to challenge the venue if they file in the wrong county. I am happy they did not get their way with us as I am very familiar with small claims. Stay away from these people as they have the worst business ethics. They are really rude on the phone when are collecting on past due accounts and they will sue the wrong person.
Los Angeles, California
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