Federal district court dismisses Fair Debt Collection Practices Act case against Simmonds & Narita clients for lack of jurisdiction
The United States District Court for the Northern District of California dismissed with prejudice a plaintiff’s claims against a debt buyer and its lawyers in a Fair Debt Collection Practices Act (“FDCPA”) case defended by Simmonds & Narita. In 2001, an non-California debt buyer obtained a default judgment against plaintiff in New Jersey state court. A decade later, the debt buyer’s lawyers submitted two documents to the same New Jersey court to levy against Plaintiff's bank account in order to collect on that default judgment. Plaintiff, who allegedly resided in California when his bank account was levied, claimed Defendants violated the FDCPA by failing to domesticate the New Jersey judgment in California before commencing collection efforts. The District Court held that Plaintiff failed to establish that it had jurisdiction over the Defendants and dismissed.