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Being Sued By Collection Agency- Statute Questions

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PostPosted: Fri Jun 22, 2007 4:49 am Subject:

Guest what that means in english is that they sue you in the location where you live in my opinion.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
cajunbulldog
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PostPosted: Fri Jun 22, 2007 5:30 am Subject:

Jamie,
PM texaslawyer or lawstudent and ask them to look over it to make sure it is done correctly, although to me it looks good but i'm NO lawyer! Also, if u go to naca site and see if they have an atty locally who can help u with this. Also, u may be able to e-mail this to Bud Hibbs and see what they have to say about it! I just want you to make sure it's done properly or it can be thrown out! Bud Hibbs is awesome and answers emails very fast!
BTW... what state are u in? This may have already been mentioned, i just forgot! lol (old age)
Ang

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PostPosted: Tue Jul 17, 2007 6:56 pm Subject: Same Sitituation

Jamie- we are in the same sitituation. I am writing our response letter tomorrow. Thank you for asking all the questions I had.
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PostPosted: Tue Jul 17, 2007 7:15 pm Subject:

about the quoted portion of the FDCPA, the location of suit is incorrect. The statute says:

Quote:
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.


http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811

This means that they can either sue you where you currently reside, or they can choose to sue you in the jurisdiction where this credit agreement was originated. If you opened a credit card account in Florida, and then moved to Texas, they can then sue you in either location, at their discretion

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