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Is this a good strategy ? Please review.


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A collection agency has judgement against me which I feel was illegally filed for according to FDCPA

§ 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.

The CA filed in the district where the bill originated but failed to produce a signed contract in their motion ( I have a copy )

So by law since they produced no signed contract they had to file in the district in which I lived which they did not.

At least that’s the way I read it.

So my strategy is:

1) File to vacate the judgment based on the fact that it was illegally filed and the court had no jurisdiction in the matter. ( I still have a few months - Nebraska is 2 years time to vacate )

2) Contact the CA with an ITS letter stating the violation of FDCPA.

3) Negotiate with the CA to:

A) Help in vacating the judgement

B) Cease any further collection agency in writing.

C) Delete all references to the account on my CR.

4) If they refuse file the suit, serve them and negotiate again.

By the way the judgement is only $151.00 and $226.00 with allowed interest.

I feel that even though so far I only have one violation on them that since they are risking the loss of $1000.00 to possibly gain $226.00 they will likely negotiate.

I am a little intimidated though since I know this agency is run by a lawyer.

Also: Can I file the suit against them in Oklahoma even though the suit was originally filed in Nebraska and I lived in Nebraska at the time?

Since its federal law can I file anywhere?

Do they have to come to Oklahoma to fight the lawsuit?

They are a small local agency and I feel by forcing them to come here if possible would help me to have even more leverage due to their expense and time.

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