do they have to sue in your home county?

In TX they have to sue you in the county where you live...but I think you had to have been a resident for like a year or something. But I am not 100% so hopefully someone will come along who is. :D

They can try to sue you anywhere, but you can get it thrown out due to that court's lack of jurisdiction.

It is a violation of the fdcpa and TX law to sue in a county where you do not live and did not sign the contract.

Try naca.net or helpingtexas.com for help.

texasrobinhood.com

Based on experience, personal jurisdiction can mean a number of things. In New York, it's based upon Plaintiff's residence or Defendant's residence (where residence can mean just that or business location). If this company's home office is in that county, you may very well be in a 'good action' For example, we have an action where a business in texas is suing a business in Canada in Supreme/County of New York because the texas business has an office in Manhattan; this was upheld by AD2D and Court of Appeals.

Take every suit seriously and don't listen to a law student, listen to an attorney who is well versed on civil procedure.

I take issue with a guest criticizing one of our moderator's. He may not yet be a lawyer,but gives out good advice.

, but I've been practicing law for over ten years and wish to correct the record. I apologize for criticizing your monitor, but my only wish is for your monitor to learn this way now, as one day, he will be furnished the same criticism from a partner in a law firm (even myself, if he lives in NY), or even worse, a Judge who can bring his law license up in a per-curiam complaint.

Once again, my deepest of apologies; I will clear the record in a more polite way next time.

Hokeyman, unfortunately there aren't very many experienced consumer advocates who post here, the last I remember was texaslawyer. I always urge posters to look up their state law.

As to personal jurisdiction, I agree with you, but we all know some collectors. A recent post on these forums had a collector suing a consumer in LA (for unsecured credit), who in fact was a resident of New York. In most states, this would be lacking in jurisdiction.

No, I don't live in NY though I love the fair city and have been there. I am from the west coast.

Why don't you join our forums, we could always use a consumer advocate? BTW. no appology needed. This is as much a learning experience for me as everyone else.

I agree, if you want to help others understand the law-why not join? I,too, am not happy with the way you posted about law student-he has helped many of us by putting us in the right directio.

We could use an attorney here..KAren

I was just served a summons last week. I was served it in person, everything on the up and up--except, I reside in Oklahoma in one county, and they filed the petition in another county! Now in Oklahoma, correct me if I am wrong, anyone, I believe you DO have to reside in the same county it is filed in.

So, in my answer to the summons I pointed out that I reside (and have for the last six years) in a different county than it was filed in.

I also pointed out that the SOL has expired on this particular debt, and asked that the judge dismiss the petition and journal entry of summary judgment as invalid. I attached a copy of a recent credit report I have gotten that showed the DLA as 10/2003 on this debt and our state SOL is for three years.

What do you guys think my chances are? Thanks!

You're right Bossy, the more the better, and since texaslawyer is not here very much anymore it has left a vacuum. No big deal to me about guest's post. I didn't take it as insulting.

srowan, generally it is true that it must be in your county. But, if you travel to, or do regular business in some other place, they can claim personal jurisdiction (this is probably what the guest, Hockeyman, was referring to.)

I believe the issue first brought up here was an individual in Texas was sued by a collection agency on a debt. No disrespect to anyone, attorneys, students, or others, but I think the real issue here is not jurisdiction, but proper venue for an individual being sued on a (consumer) debt as there was no mention of the proper jurisdiction for a business.

The fdcpa states that you must be sued in the judicial district in which you live. I don't have the case handy, but at least one Federal Circuit has found this to mean the "county" in which you live. Therefore, there is some precedent that a third party debt collector should be suing in the county where you live.

If it is not a third party debt collector, but the original creditor, FDCPA would not apply, and you should look to your state law. In the case of a Texas resident, the county in which you signed a contract or in which a contract was to be performed could be proper venues in which to sue.

In my experience, Law Student is correct. Debt Collection attorneys can, and often do, sue you anywhere. It is up to you to raise the issue of venue, and then bring your counterclaim for the 1.

texasrobinhood.com

hockeyman I apologize if I came across as harsh.We welcome knowledgeable people here.I just want to keep posts as seperate points of view,not one jumping on another. I am not even a law student,just someone who has trained himself on federal laws as well as knowing the law of my home state.