Probably not. The Fair Debt Collection Practices Act provides two locations where a consumer may be sued by a debt collector. Section 1692i(a)(2)(A-B). If the action is not to enforce an interest in real property securing the consumer’s obligation, then a debt collection action against a consumer may only be brought in:
- The judicial district where the consumer signed the contract sued upon; or
- The judicial district where the consumer resides at the commencement of the action.
Most likely, a consumer will be sued in their home state at their local county court. This is because that is the judicial district where the consumer resides. It is not likely that the consumer signed the contract out of state unless there was a recent residence change for the consumer. Also, I cannot imagine a debt collector being able to produce a credit card agreement, much less the location of its signing. In short, you can expect to be sued where you live unless you have recently moved.
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Last modified: May 7, 2013