Smith v. Solomon & Solomon, P.C., No. 12-2169 (1st Cir. 2013)
Annotate this CaseIn 2010, the New Bedford district court entered a default judgment against Plaintiff, a resident of New Bedford, Massachusetts and an employee of the U.S. Department of the Interior (Department), in a suit filed by Law Firm to recover a consumer debt. In 2011, Law Firm brought a second suit in Attleboro district court seeking to collect on the default judgment by attaching Plaintiff's wages from the Department, via trustee process. Attleboro was one of the locations in which the Department maintained a usual place of business. In 2010, Plaintiff filed this action alleging that Law Firm violated the Fair Debt Collection Practices Act venue provision when it brought the 2011 Attleboro suit in a district other than the one in which she resided or signed the underlying contract. The district court granted Law Firm's motion to dismiss. The First Circuit Court of Appeals affirmed, holding that Plaintiff's claim was baseless in that it ignored Massachusetts trustee process law.
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