Re: Horrible advice here, Re: Stat. Of Limitations

Posted by Why Chat on January 23, 2002 at 19:23:39:

In Reply to: Horrible advice here, Re: Stat. Of Limitations posted by Jim b on January 23, 2002 at 18:34:36:

The Fair Debt Collection Act addresses the question of venue;
This issue has had numerous test cases and the prevailing opinions have always been that the "language of agreements as to venue on financal contracts is superceded by the rules of the FDCA"
In other words, where you live at the time of contract,or where you live at the time of filing(debtor may choose he most advantagous,unless fraudulent intent is proved) is the State and County whose venue ( POS limits and other ruling legal authority) applies.

§ 811.  Legal actions by debt collectors   [15 USC 1692i]
(a) 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 THE FOLLOWING IS CREDIT CARD DEBT
(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.

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