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FDCPA Section 811 (a) (2)


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I'm a little confused also...I would assume they need to sue you in the jurisdiction where you reside now. But, since I am still learning all of this take what I say with a grain of salt. I'm sure someone "more learned" than I can answer with more guidance :)

When I had my initial consultation with a lawyer I am considering hiring he did tell me that if the CA counter sues me that they need to do it in the county I live in now.

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Thanks. I will see if anyone else "more learned" :lol: gives some more insight.

The reason I ask is that I had a judgement against me in 2001. I have not looked into it in depth yet. But I believe it was done in the state I previously lived (and were I had the debt). I am just curious if they were supposed to have done so in the juristiction I live now.

Just trying to find a cause to get it removed :hmmmmm::)

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They are supposed to sue you in the place you live when they sue you. That is the rule you should be concerned with. So, if they are in CA and you are in TX, they sue you in CA. And if both of you are in TX but you are in Houston and they are in Dallas, they sue you in Houston. To do otherwise violates the act and should be used as an affirmative defense, or a separate cause of action against the lawyers and/or the CA they might have received the file from.

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Thanks for the tip.

The OC is the one who sued me. They are located in SD. That is where I got the debt too.

I remember getting a letter from them informing me about the action being taken and asking me if I disputed it. I never replied. I do believe it was done in the courts in that state. Not my current state wich is FL.

When I pull my credit report will it give that information? How would I find out more info on a judgment?

Sorry I am very new to the legal stuff :dunno:

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