FDCPA jurisdiction

[howard2]

What is the name of your state? GA

I received a complaint for debt owed in NJ.
The complaint was sent to my po box in NJ.

Since I have been living in a different state for years now. Does the FDCPA 811 apply? It states that suit must be filed where the defendant resides. Does having a po box make it a residence? Anyone know?


thanks....

 

[Ladynred]

The FDCPA states that they can sue you where you reside now OR where you entered into the agreement/contract. If you opened this account in NJ and that's the last known address they have for you then they're covered.

 

[howard2]

fdcpa jurisdiction

That;s what was confusing me.
Here is what the FDCPA states: 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.


In speaking with someonr from the FTC I was advised that sec B is there to protect defendants from unfair lawsuits where they'd have to travel long distances. Also judgement from one state can't be enforced in other states.


thanks again - any replies would be welcomed.

 

[Ladynred]

Also judgement from one state can't be enforced in other states.

That's not entirely true. The can't enforce in another state UNLESS they domesticate the judgment to the state you live in now. According to JetX, this is a fairly easy thing for them to do. If they never move the judgment, then the only harm its going to do you is that it will most likely end up on your credit reports and that'll tank your scores.

You should still file an Answer to the lawsuit unless you want them to get an automatic default. How old is the debt, when did you last pay the original creditor ??

If you don't want them to win automatically you CAN file a motion for change of venue since traveling all the way back to NJ would be ridiculous.

 

[howard2]

thanks,
To answer your question.

Yes I did answer and file a motion. I also included in my motion another FDCPA violation.

FDCPA Sec. 809 states: (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer
that all collection activity must cease until debt has been validated.

Since validation was requested, within 30 days, and not received this was another point mentioned in the motion.

Thanks again, any firther replies are welcomed.

 

[Ladynred]

Unfortunately suing you before they provide validation is not actually barred by the FDCPA. The FTC has staff opinion letters that confirm that you can be sued before they provide validation

 

[howard2]

Fdcpa

Yes this is true. You can be sued prior to validation.
However, as per FDCPA 809, stated above, all collection activity must cease once validation has been requested.

FTC doesn't interpret law, judges do. Accordingly, appellate court decisions have reversed any default judgements and/or judgements entered when the above was the case.


Thanks again, for your reply.