Judgment entered improper venue

[brokermisty]

What is the name of your state? OHIO

I am being sued for an old credit card debt. However, the suit has been filed in a county that I do not or have not ever resided in. If I let a default judgment be entered against me, can I then have the judgment vacated because of improper venue?

 

[I AM ALWAYS LIABLE]

What is the name of your state? OHIO

I am being sued for an old credit card debt. However, the suit has been filed in a county that I do not or have not ever resided in. If I let a default judgment be entered against me, can I then have the judgment vacated because of improper venue?

My response:

No. First, I have no idea what your contract may have stated concerning "choice of law", or "venue" or "jurisdiction". For all we know, and when you signed the contract, you may have agreed to the jurisdiction of where the complaint was filed.

Regardless, it's up to you to be proactive, and file a "motion to dismiss", with your Points and Authorities, if you feel that the jurisdiction is incorrect. Don't just sit on your ass. Do something!

Once a "default judgment" is entered, the judgment is good throughout the State.

IAAL

 

[brokermisty]

Well, in that case I guess I will go ahead and request validation of the debt. The credit card was opened in 1999, so hopefully the original creditor will no longer have any records. The account is now with a collection agency. Thanks!

 

[I AM ALWAYS LIABLE]

Well, in that case I guess I will go ahead and request validation of the debt. The credit card was opened in 1999, so hopefully the original creditor will no longer have any records. The account is now with a collection agency. Thanks!

My response:

Are you, in fact, being sued?

IAAL

 

[brokermisty]

Yes, I received the summons yesterday. It was my understanding that collection proceedings would cease once I requested validation from the collection agency and the bureaus, as long as I also notified the court? Is that not correct?

 

[I AM ALWAYS LIABLE]

Yes, I received the summons yesterday. It was my understanding that collection proceedings would cease once I requested validation from the collection agency and the bureaus, as long as I also notified the court? Is that not correct?

My response:

Do you recall having received a letter from the collection agency saying they are collecting a debt, and giving you 30 days to dispute the collection?

Also, who is named as the Plaintiff on your Summons - - the original creditor or the collection agency?

IAAL

 

[brokermisty]

No, not that I recall. I received a phone call from the collection agency Monday morning telling me that I should have received a summons and could we work out a settlement. I said "No" to both questions. Yesterday, I received the summons by certified mail. I am being sued by a collection agency, not the original creditor.

 

[I AM ALWAYS LIABLE]

No, not that I recall. I received a phone call from the collection agency Monday morning telling me that I should have received a summons and could we work out a settlement. I said "No" to both questions. Yesterday, I received the summons by certified mail. I am being sued by a collection agency, not the original creditor.

My response:

It's too late for a Validation letter. Now you're being sued and, through the discovery process, you can find out all about the debt. The amount, plus interest, and attorney's fees, should be spelled out in the Complaint.

So, you need to respond to the Complaint; e.g., an Answer or other Pleading. So, hire a local attorney to defend you.

Either that, or file Bankruptcy. Filing BK will put a stop to the lawsuit, and being discharged in BK will get rid of this debt - - along with most all, if not all, your other non-collaterized debts.

IAAL

 

[Ladynred]

How 'old' is this old debt ? When did you last pay the ORIGINAL creditor ? Who is the collection agency that's suing you ?

Per the FDCPA, they have to sue you where you reside or where the debt was incurred.

§ 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.

Change of venue may, in fact, work based on the above.

 

[brokermisty]

My last payment on this account was 1/2003. The collection agency is not the original creditor.
From my own research, I thought that the change of venue might work for me. Do I just ignore it until after the judgment entered, then try to get it set aside?