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Do I have ground to vacate this judgement? 2nd Post - Help!


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I got a copy of a judgement against me and they filed it in the district that the bill originated in but there is not a signed contract, we lived in another district other than the one they filed in at the time the jugement was filed.

Now according to what I read below the FDCPA says they must file in the district the contract was signed (no signed contract exists)

OR

In the district we reside in ( which they did not )

If no signed contract exists they can't file in the district in which the bill originated can they?

Is this grounds to vacate?

Its seems to me that this judgement was improperly filed.

If so is that a violation of FDCPA ?

The FDCPA says:

§ 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.

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Now according to what I read below the FDCPA says they must file in the district the contract was signed (no signed contract exists)

OR

In the district we reside in ( which they did not )

If no signed contract exists they can't file in the district in which the bill originated can they?

Is this grounds to vacate?

Its seems to me that this judgement was improperly filed.

And that is the basis of your motion to vacation. I think both are excellent reasons - have you looked up your states codes to see what the court procedures/rules are?

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