Author Topic: Sued  (Read 352 times)

0 Members and 1 Guest are viewing this topic.

Regal

  • Valued Member
  • Posts: 6
Sued
« on: April 21, 2017 01:31:16 AM »
Can collector sue you in different county other than the one you live in?

CleaningUp

  • Valued Member
  • Posts: 10135
Re: Sued
« Reply #1 on: April 21, 2017 01:40:42 AM »
No.  They must sue in the court and session in which you live.


11181986

  • Valued Member
  • Posts: 259
Re: Sued
« Reply #2 on: April 21, 2017 02:02:45 AM »
Yes.  If you signed the contract in a different county than where you live.

Bruno the JDB Killer

  • Valued Member
  • Posts: 14164
Re: Sued
« Reply #3 on: April 21, 2017 02:19:44 PM »
If it is a credit card debt there is no signed contract, so they are stuck with one venue. If it is some other kind of contract, simply have the case transferred to your county court.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

11181986

  • Valued Member
  • Posts: 259
Re: Sued
« Reply #4 on: April 21, 2017 02:34:15 PM »
If it is a credit card debt there is no signed contract, so they are stuck with one venue.

No.  The amount of misinformation you give is astounding. Didn't know it was possible to be so wrong all the time.

nobk4me

  • Valued Member
  • Posts: 828
Re: Sued
« Reply #5 on: April 21, 2017 04:43:08 PM »
Watch out, if it was a business account.  For those, the FDCPA does not apply. The terms of the contract may allow them to sue you in their home state.

Advanta was like this; their contract said they would sue in Utah, regardless of where the card holder lives.
Molon labe

Judgment Proof!

CleaningUp

  • Valued Member
  • Posts: 10135
Re: Sued
« Reply #6 on: April 21, 2017 06:18:18 PM »

Yes.  If you signed the contract in a different county than where you live.



Try reading this:

Harrington v CACH

11181986

  • Valued Member
  • Posts: 259
Re: Sued
« Reply #7 on: April 21, 2017 06:43:33 PM »

Try reading this:

Harrington v CACH

I have, you've cited this before, it states my position precisely.

Bruno the JDB Killer

  • Valued Member
  • Posts: 14164
Re: Sued
« Reply #8 on: April 21, 2017 07:00:27 PM »
No.  The amount of misinformation you give is astounding. Didn't know it was possible to be so wrong all the time.


You should know, tough guy. I haven't heard any great legal opinions from you lately. Try actually reading the FDCPA before you put the other foot in your mouth. It states where the contract was signed. Show me a signed credit card contract and I'll pay for your next shock treatment. Absent that, take this: (there's a lot more where that came from)

Hess V Cohen & Slamowitz

"This case calls upon us to decide a question of first impression in this Circuit: whether a debt collector violates the FDCPA's venue provisions by suing a consumer in a city court in the State of New York when that court lacks power to hear the action because the consumer does not reside in that city or a town contiguous thereto. We hold that such a suit is not brought in the “judicial district or similar legal entity” in which the consumer resides, even when the consumer resides elsewhere within the county containing the city court, and therefore determine that Hess's complaint states a claim upon which relief can be granted. Accordingly, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion."


"The Texas Attorney General recently brought an enforcement action against an attorney for routinely suing debtors in Justice Court court in Downtown Houston (JP Court of Harris County Precinct 1 Place 2) even though they lived outside the county and had no connection to Harris County. The civil action was filed by the Consumer Protection Division in the public interest and seeks a permanent injunction and hefty monetary penalities to be paid to the State of Texas. As of November 2013, it is still pending in Harris County District Court: State of Texas vs. Samara Portfolio Management LLC; Law Office of Joseph Onwuteaka, PC, and Joseph O. Onwuteaka, individually.'
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

11181986

  • Valued Member
  • Posts: 259
Re: Sued
« Reply #9 on: April 22, 2017 06:22:14 PM »

You should know, tough guy. I haven't heard any great legal opinions from you lately. Try actually reading the FDCPA before you put the other foot in your mouth. It states where the contract was signed. Show me a signed credit card contract and I'll pay for your next shock treatment. Absent that, take this: (there's a lot more where that came from)

Hess V Cohen & Slamowitz

"This case calls upon us to decide a question of first impression in this Circuit: whether a debt collector violates the FDCPA's venue provisions by suing a consumer in a city court in the State of New York when that court lacks power to hear the action because the consumer does not reside in that city or a town contiguous thereto. We hold that such a suit is not brought in the “judicial district or similar legal entity” in which the consumer resides, even when the consumer resides elsewhere within the county containing the city court, and therefore determine that Hess's complaint states a claim upon which relief can be granted. Accordingly, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion."


"The Texas Attorney General recently brought an enforcement action against an attorney for routinely suing debtors in Justice Court court in Downtown Houston (JP Court of Harris County Precinct 1 Place 2) even though they lived outside the county and had no connection to Harris County. The civil action was filed by the Consumer Protection Division in the public interest and seeks a permanent injunction and hefty monetary penalities to be paid to the State of Texas. As of November 2013, it is still pending in Harris County District Court: State of Texas vs. Samara Portfolio Management LLC; Law Office of Joseph Onwuteaka, PC, and Joseph O. Onwuteaka, individually.'

What do either of these cases have to do with FDCPA venue provision regarding where contracts are signed?

Bruno the JDB Killer

  • Valued Member
  • Posts: 14164
Re: Sued
« Reply #10 on: April 22, 2017 10:06:06 PM »
They have to do with the fact that they will be controlling cases where no contract was signed. W/O that pesky signed contract, which no credit card agreement has, that part of the FDCPA goes away.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

credit