i have a summons, but i moved out of state.

Oct 20, 2010

Venue for debt collection lawsuit
by: Gerri

According to the Fair Debt Collection Practices Act:

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.

You may be able to file a motion to have the lawsuit moved to a more convenient venue. You can contact the court and ask them about the procedure for filing that motion, but this is something that will likely require you to hire an attorney to help you.

You don't indicate how much you owe, but if it is not a large amount can you try to settle it before it goes to court? The debt collector may be willing to take a smaller amount in order to resolve the debt.

If this debt is large and you can't afford to pay it, you may want to at least talk with a bankruptcy attorney about your options. The first consultation should be free and confidential.

Whatever you do, don't just ignore it. It doesn't sound like you are doing that, but it is important to understand what can happen if you are being sued by a debt collector and don't show up in court.

i have a summons, but i moved out of state.

Comments for i have a summons, but i moved out of state.

Comments for
i have a summons, but i moved out of state.