Can I file in my county ???

[SamIam]

I thought you could file in your own county

Just found that te RA for EX in in a different county, its across the state.. a 6 hour drive !! uggh

Do I have to file in the county where the RA is?

anyone?

thanks

[Pale Rider]

From another website:

SUBJECT MATTER AND PERSONAL JURISDICTION

An FDCPA suit "may be brought in any appropriate United States district court without regard to the amount in controversy", within one year of the date of violation. 15 U.S.C. §1692k(d). State courts have concurrent jurisdiction. A jury trial is available in FDCPA actions brought in federal court.

Most courts have held that FDCPA litigation is appropriately filed within the district where the consumer received the communication. Officers and managers of the debt collector who have control over the procedures complained of may also be sued there.

Filing in the district where the letter was received has been upheld even where the debt collector's letter had been forwarded to a district in which it did not do business.

The debt collector normally may not bring counterclaims for either the underlying debt, or for bad faith and harassment.

[SamIam]

Thanks, that answers suits against CA's

but what about CRA's? they are not subject under the FDCPA

do the same rules apply?

thanks

[Pale Rider]

From the FCRA:

§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.