Jurisdiction and Venue
Date: Sun, 01/18/2009 - 14:15
I opened a cc account in Missouri and defaulted on it in June of 2004 while I lived there. I moved to Colorado in 2006 and am now being sued here in Colorado, the county that I live in now. (Still under the sol for either state.)
My question has to do with jurisdiction and venue. According to the fdcpa, 15 USC 1692i Section 811, the debtor may only be sued in the county in which he resides at the commencement of the action or in the county in which contract signed the contract sued upon. (The FDCPA overrides Colorado Court Rules in consumer cases for debt collectors.)
Does the plaintiff have improper jurisdiction and venue by suing me in Colorado instead of Missouri?
My question has to do with jurisdiction and venue. According to the fdcpa, 15 USC 1692i Section 811, the debtor may only be sued in the county in which he resides at the commencement of the action or in the county in which contract signed the contract sued upon. (The FDCPA overrides Colorado Court Rules in consumer cases for debt collectors.)
Does the plaintiff have improper jurisdiction and venue by suing me in Colorado instead of Missouri?
They can legally sue you in your home county. I am not sure but
They can legally sue you in your home county. I am not sure but I think that FCRA and FDCPA do not override state law.
I don't beleive Long-Arm Statutes apply here. They have to sue
I don't beleive Long-Arm Statutes apply here. They have to sue you where you live. Period.
