Can a third party debt collector get a judgement in a different state and seize bank

[BigMax]

What is the name of your state (only U.S. law)?

Texas/Nevada

I have a third party debt collector calling me from Nevada on an old credit card debt that the Statute of Limitations kicked in 3 years ago. I know I have to claim the SOL or the court will judge against me. Can this third party collector sue in Nevada and seize my bank accounts or other property in Texas?

My accounts are with a national bank.

Thanks,

BigMax

[dfromnyli]

Originally Posted by BigMax

Texas/Nevada

I have a third party debt collector calling me from Nevada on an old credit card debt that the Statute of Limitations kicked in 3 years ago.

Need to explain this a little bit more because it does not really make sense.

Originally Posted by BigMax

Can this third party collector sue in Nevada and seize my bank accounts or other property in Texas?

Is there a reason for them to sue you in Nevada? you have to live there or have had transacted business there. It is much more of a headache to sue a defendent in a jurisdiction they no longer live in and then domesticate the judgment in the State they currently live in.

[KenGib]

It is an unfair debt collection practice to sue a person on a consumer debt in a jurisdiction where they do not live or where they did not incur the debt. It is also an unfair practice to sue on a debt past the statute of limitations. Both practices would subject the collector to penalties, damages, and attorneys fees.

[KenGib]

I forgot to add that if they obtain a proper judgment against you in one state they can collect your assets wherever they can find them.

[dfromnyli]

Originally Posted by KenGib

Both practices would subject the collector to penalties, damages, and attorneys fees.

we should have a thread discussing this topic alone. the amount you stand to gain is not worth the time and money that needs to put into into a lawsuit against a debt collection agency. the most you can win in a lawsuit against a debt collection agency is $1,000 for FDCPA violations. In New York the cheapest lawsuit you can file will cost you about $190 I'm sure it's pretty similiar in other states.

And then the collection agency is entitled to due process themselves so they are entitled to discovery and inspection, other motions, depositions. If you hire an attorney that is additional costs, if you do it yourself you are more likely to make a procedural error and have it dismissed.

[Credithis]

Don't file FDCPA violations, Texas has great consumer rights. You can get much, much more if you nail em using theTexas TFC.

[JETX]

Originally Posted by Credithis

Don't file FDCPA violations, Texas has great consumer rights. You can get much, much more if you nail em using theTexas TFC.

IGNORE THIS IDIOT!!!! He is NOT correct.... and he didn't even provide an answer!!!

So, with it out of the way... a LEGALLY ACCURATE response:

Can this third party collector sue in Nevada and seize my bank accounts or other property in Texas?

Yes.
Once they get a judgment against you in another state, they can domesticate that judgment into your 'new' state and pursue your non-exempt assets there.