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Confused by FDCPA


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Posted by Dazed and Confused (68.155.86.4) on November 09, 2003 at 20:52:30:

I'm confused by the following FDCPA section re: legal actions by debt collectors. I thought that only Original Creditors could file a legal action. Can a third party debt collector file an action? -What confuses me is the end where it says that "Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors". Can anyone clarify this for me? -THANKS!

"§ 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

(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.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. "




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