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"MIKE"- read the FDCPA or find a lawyer who can read it.
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Posted by Why Chat (209.240.198.61) on December 03, 2002 at 05:37:32:
In Reply to: heres another opinion about which state sol applies-its his opinion posted by mike on December 03, 2002 at 03:24:41:
SECTION 811 -- LEGAL ACTIONS BY DEBT COLLECTORS
Section 811 provides that a debt collector may sue a consumer only in the judicial district where the consumer resides or signed the contract sued upon, except that an action to enforce a security interest in real property which secures the obligation must be brought where the property is located.
1. Waiver. Any waiver by the consumer must be provided directly to the debt collector (not to the creditor in the contract establishing the debt), because the forum restriction applies to actions brought by the debt collector.
2. Multiple defendants. Since a debt collector may sue only where the consumer (1) lives or (2) signed the contract, the collector may not join an ex-husband as a defendant to a suit against the ex-wife in the district of her residence, unless he also lives there or signed the contract there. The existence of community property at her residence that is available to pay his debts does not alter the forum limitations on individual consumers.
3. Real estate security. A debt collector may sue based on the location of a consumer's real property only when he seeks to enforce an interest in such property that secures the debts.
4. Services without written contract. Where services were provided pursuant to an oral agreement, the debt collector may sue only where the consumer resides. He may not sue where services were performed (if that is different from the consumer's residence), because that is not included as permissible forum location by this provision.
5. Enforcement of judgments. If a judgment is obtained in a forum that satisfies the requirements of this section, it may be enforced in another jurisdiction, because the consumer previously has had the opportunity to defend the original action in a convenient forum.
6. Scope. This provision applies to lawsuits brought by a debt collector, including an attorney debt collector, when the debt collector is acting on his own behalf or on behalf of his client.
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