27 Oct Venue Limitations under the FDCPA
Under the Fair Debt Collection Practices Act (“FDCPA”) a debt collector can only file suit against a consumer in a limited number of places.
In a case to against an interest in real estate that secured a debt, a debt collector must only sue in the judicial district where the property is located.
In a case not involving real estate, a debt collector may sue in either the judicial district where (1) the consumer signed the contract sued upon or (2) where the consumer lives on the date of the filing of the lawsuit. See 11 U.S.C. 1692i.
Nicholas Ortiz, Boston Bankruptcy Attorney
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