Which state laws apply (mine or creditor)

by kc
(New York)

I live in New York, which adds an original creditor in the State FDCPA.

If I feel I am being harassed on the phone, do the rules come form MY State or the State that the creditor is in?

I would assume the answer also applies to phone recording (New York is a one party State), so that would mean it doesn't matter where they other party is - I don't have to tell them I am recording?

Clarification on this would be greatly appreciated!

Comments for Which state laws apply (mine or creditor)

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Nov 15, 2010
venue for collection
by: Gerri

KC -

We are not attorneys, so we can't give legal advice, but we can tell you that generally the venue for debt collection cases is a state in which the consumer lives. If you signed the contract in another state and then moved to New York, then it's possible they could sue you in the state in which you lived previously.

For legal advice on your situation, we recommend you talk with a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Good luck with this. Do let us know how it turns out.

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