workingitout Posted March 4, 2005 Report Posted March 4, 2005 Wow, new to the site and I have learned SO much in a very short time! Here is my question, and I will try to be brief. If you need more info to give me an answer, please let me know.I was sued for two different debts in the last year. The first one was Ford Motor Credit for a lease balance and the second was for Orchard Bank credit card, both represented attorneys here in Southeastern Michigan. On the Ford Motor Credit, I actually let the judgement be entered against me rather than settle (dumb, I know), and asked for court ordered payment arrangements, which I have kept. On the Orchard Bank, I agreed to a consent agreement for $1000, of which I have paid $500 so far as scheduled under the agreement. The question is the same for both: according to what I have read, under the FDCPA a collector must sue you in either the county you reside in at the time you contracted the debt OR the county you reside in when they sue. In both cases, I lived in a western county of Michigan when I leased the car and used the credit card. And in both, I was sued in a county which I lived in for a year here in Southeastern MI but had moved out of when the lawsuits were filed. Both lawyers had my current address info when they sued me, and I had filed a change of address and Driver Lic. address change months prior to the lawsuit. My question is, since they didnt follow the law and sued me in the wrong county, can I have judgement overturned, and/or sue them under the FDCPA? The only catch could be with the Ford Motor Credit debt, they sued me in the county in which I lived when I returned the leased vehicle, so could they say that is when I signed for the debt? I am thinking maybe they can. But on the Orchard Bank debt, I never used the card anywhere or had an available credit line while in the county they sued me. What are the "grey areas" with this law? If you go by when I signed for the lease agreement and accepted/used the card, they definitely sued in the wrong county.Sorry I said i would be brief but actually I guess I wasn't. But any feedback would be really helpful. Thanks in advance!
KentWA Posted March 4, 2005 Report Posted March 4, 2005 § 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 ( in which such consumer resides at the commencement of the action. -----------The ford credit thing is going to be touchey I think. Depends on if they refinanced the lease residual or if the provisions of any lease residuals were in the contract. If you did not sign the contracts for financing in the county they sued you in, getting a vacate may be available to you depending on how long MI allows you to vacate judgements.
workingitout Posted March 4, 2005 Author Report Posted March 4, 2005 Kent- I agree the Ford will be touchy. But you are basically saying that the other one is valid, correct. But should I ask for the judgement to be vacated, or should I sue? Or both? If I ask for a vacate of the judgement, can they file again and what about the payments I have already made? Thanks for responding!
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