Consumer Cannot Waive Protections

This folder examines instances where debt collectors [and their attorneys, whether the attorney fits the definition of "debt collector"] file suit against a debtor/consumer in the wrong venue.
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Consumer Cannot Waive Protections

Post by David A. Szwak »

The protection afforded by 1692i is not waived by the consumer's failure to request a change of venue in the debt collection action. Blakemore v. Pekay, 895 F.Supp. 972 (U.S.D.C. N.D. Ill. 1995); Oglesby v. Rotche, 1993 WestLaw 460841, 1993 U.S.Dist. LEXIS 15687 (U.S.D.C. N.D. Ill. 1993). By filing suit in an improper forum and forcing the consumer to either default or appear in the improper forum (in person or by counsel), the debt collector has already inflicted the injury sought to be avoided by 1692i.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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