Only in "Judicial District" Where Consumer Signed

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.
Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Only in "Judicial District" Where Consumer Signed

Post by David A. Szwak »

A collection action brought by a debt collector on a personal obligation may be brought only in the "judicial district" where the consumer signed the contract or in which the consumer resides at the time the action is filed. 15 U.S.C. 1692i(a)(2); Crawford v. Credit Collection Services, 898 F.Supp. 699 (U.S.D.C. S.D. 1995) (signed “Patient Registration Formâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

re: Venue Proper

Post by Guest-1674 »

What is proper venue for one who has permanently changed states, meeting al ciitzenship guidelines for the new state of the union, barring SOl extension due to return to state of contract/origin as a residence.

By venue proper, I mean in general absolute - push comes to shove, creditor wants contract location (presumably to make court appearance near impossible) but I wuld. No suit filed; 100% theoretical. Pondscum assignee has history of purjured affidavits (Sherman, LVNV, Alegis, Resurgent) according to sources.

Please assume proper summons, by last known address, US Postal CM/RRR, personal delivery, public notice, et al.

I live in CO but moved from Michigan. My SOL are expired, quite contrary to the necessity of venue. :) Anything difficult or expensive for the creditor is appropriate.

A response is to be considered general information, and no pro hack legal advice.
Post Reply

Return to “Collectors Suing Consumers in the Wrong Venue”