Where will I be sued for my debt?
(San Diego, CA, USA)
If a debt collector sues you, will court be held in the state of the main office of the collector, or will it be in the state of the defendant?
Reply from DebtCollectionAnswers.com
Where the debt collector is located doesn't affect where the lawsuit can be filed. The Fair Debt Collection Practices Act says:
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.
Since you are a resident of California the most likely scenario is that you will be sued in California. Your state has some of the strongest state debt collection laws in the country under the Rosenthal Act. Make sure you are well aware of your rights as this proceeds.
Click here to post comments
Return to Debt Collection Questions.