SOL LAW ON VENUE (which State's SOL applies)
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Posted by Why Chat on January 25, 2002 at 19:25:16:
I am posting the law and giving simple explanations in ()
FAIR DEBT COLLECTION PRACTICES ACT
Special Venue Provisions
(venue means where you can be sued and what State's laws and rgulations apply)
The Act(FDCPA) contains special requirements relating to venue which differ significantly from the Venue provisions of most state statutes. Given the Supremacy Clause of the Constitution,(means Federal laws come first and override State law) the venue provisions of the Act supersede those contained in the state statutes.
Shapiro and Meinhold v. Zartman,(the deciding case ) Therefore, in any legal action on a debt against any consumer, the attorney must:
(i) in the case of an action to enforce an interest in real property securing the consumer's obligation,(a mortgage) bring such action only in a judicial district or similar legal entity in which such real property is located;
or
(ii) in the case of any other action, (any other debt covered by the FDCPA) bring such action only in the judicial district or similar legal entity(county)
(1) in which such consumer signed the contract sued upon; or
(2) in which such consumer resides at the commencement of the action
(if someone has moved from a low SOL State where they signed for the credit,to a higher SOL state they can use that as a defense and choose the lower SOL State)
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