which state do you sue in?
Date: Mon, 02/09/2009 - 17:57
I am in Indiana and my debt collector is in Ohio. I am considering suing them for many of their violations-- too much to go into here. Anyway, do I sue them here or in Ohio? Does anyone know? I've got all my ducks in a row but now I just need to start the filing process.
Thanks. I got confused because the CA has to sue the debtor whe
Thanks. I got confused because the CA has to sue the debtor where the debtor lives not where the CA "lives."
You can file it in your county court. However, because it invol
You can file it in your county court. However, because it involves parties from different states, they can request a change of venue to a US District Court - then it will be up to a judge to determine whether to allow change of venue or not. Below is rationale you can use to keep it in your own court:
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction under 15 U.S.C.1692k (FDCPA), 28 U.S.C.1331 (general federal question) and 28 U.S.C.1337 (interstate commerce).
3. Venue and personal jurisdiction in this District are proper because defendant???s collection communications were received by plaintiff within this District, and plaintiff is located within this District.
