Re: 7 year credit card debt

Posted by lawguy (151.205.69.193) on February 13, 2003 at 16:18:13:

In Reply to: Re: 7 year credit card debt posted by LadynRed on February 13, 2003 at 12:31:32:

They will have to have a local Florida attorney file the suit against you. Unless they just happen to have a staff attorney who is an active, licensed member of the Florida state bar. (Unless the collection agency is a sole proprietership or a true partnership, in which case they can represent themselves. Otherwise, a corporate entity must be represented by an attorney in court.)

If the debt is clearly past the SOL, no *real* lawyer will file a suit, because they would be subject to disciplinary sanctions by the bar, as well as monetary sanctions by the court.

Also, just because the FDCPA says they have to file suit in the judicial district where the debtor either resides or signed the contract, that doesn't mean they can sue in KY. Venue in KY is improper in this instance under the US Code Title 28, which gives venue. The FDCPA only limits venue where venue is already proper.

lawguy

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