30 Mar Can A Debt Collector Sue Me in Another State?
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.
Bankruptcy Law Network (BLN)
Latest posts by Bankruptcy Law Network (BLN) (see all)
- New Judge for Southern District of Texas – David R. Jones - August 19, 2011
- Limited Emergency Efforts to Save Homes Continue - June 30, 2011
- Why Run Your Company Into The Ground? - June 6, 2011
- New U.S. Trustee for Texas – Region 7 - October 2, 2010
- Is Chapter 13 An Option For A Small Corporation Or A Limited Liability Corporation (LLC)? - September 29, 2010