Can you get sued out of state?

[blogger31]

State - Nebraska

I have a question. If I live in Nebraska and a law firm in New York has an account from a credit card they are trying to collect on, can they file suit from New York, or do they have to send the account to a local law firm to file suit in my county court?

 

[jlg7744]

I am no lawyer but the Fair Debt Collections Act I believe states they have to sue in your area.

jlg

 

[Neal1421]

State - Nebraska

I have a question. If I live in Nebraska and a law firm in New York has an account from a credit card they are trying to collect on, can they file suit from New York, or do they have to send the account to a local law firm to file suit in my county court?

If you owe them money, of course they can sue.

 

[blogger31]

If you owe them money, of course they can sue.

Thank you Neal, I have gathered that part of the process, I am simply wondering if the suit has to be filed in your local area, hence most law firms would find a local firm to handle it.

 

[blogger31]

I am no lawyer but the Fair Debt Collections Act I believe states they have to sue in your area.

jlg

Thanks for the lead, I will look that up. It's appreciated.

 

[Debt Guy]

It is highly likely that the case will be turned over to an attorney in our state who will file the legal action.

 

[TigerD]

You can be sued in either the state where the agreement was signed or where you live. It doesn't make sense to sue in another state, since they will have to domesticate the judgment anyway to enforce it. But some companies will and then sell the judgment portfolio.

DC

 

[blogger31]

You can be sued in either the state where the agreement was signed or where you live. It doesn't make sense to sue in another state, since they will have to domesticate the judgment anyway to enforce it. But some companies will and then sell the judgment portfolio.

DC

The part about where the agreement was signed, does that mean where you were living when you signed the agreement, or where the company is based where the signed agreement is on file?

 

[Ladynred]

Where YOU were living, where the company is means little:

811. Legal actions by debt collectors [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.