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SOL generally starts when the account first went continuously delinquent and no payments ever made on it again.

If you're sued, they can sue where the agreement originated or where you currently reside. Most of the time they're going to sue you where they can find you. You would typically use the laws of your current state and go from there.

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SOL generally starts when the account first went continuously delinquent and no payments ever made on it again.

If you're sued, they can sue where the agreement originated or where you currently reside. Most of the time they're going to sue you where they can find you. You would typically use the laws of your current state and go from there.

What do you mean by where the agreement originated? you meant where the consumer signed the paper or where the lender was located when they wrote the agreement ? Under FDCPA law, it said where the consumer signed the paper and where the consumer lives.

Which law stated that they can sue where the agreement is originated? Thanks.

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Where the agreement originated and where the paper was signed are the same. If the company you signed on with had a main office in one state, but, you signed at their local site, in another county, or state, the county where the local is located would be the county used. If you lived in their county and moved, then the county you now reside in would be used.

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If you lived in their county and moved, then the county you now reside in would be used.

I thought they could file in the origin or the county you reside in now. This is a bit confusing. I have read many different posts stating conflicting info on this. Where would can I look to get find the answer in writing? Or is it even in writing?

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I don't understand how you can be so confused.

1. Place of origin, agreement origianted, signed the contract, where the business is located (local), is one and the same, just different wording.

3. Where you now reside is where you now live and have utilities in your name, such as power, phone, cable, or the like.

As the law says, they may sue only in the county the contract/agreement was signed/made, OR, the county the debtor resides in at time of action, (the filing of the suit).

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I see. I was reading into it too much. :oops:

So If I Lived in Montana and got a Loan with a Credit Union in the same state then I move to Florida. The OC can sue me in Montana OR Florida. But it has to be done in Florida if That is where I lived when they initiate legal action. Correct?

I need to start taking my Brain pills :lol:

I only wanted to clear it in my head because I was sued from an OC in another state while I was living here in Florida and got a default judgement against me.

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Yes to your first question.

As to your second question, yes, they must sue in the county you now reside.

As to your third question. You need to check your state's laws to see if a foreign default judgment can be domesticated in your state. Some states do not allow this to happen. What this basically means is the CA cannot use this as a way to force you to pay by threatening to garnish wages, or place liens, nor can they garnish or place liens. But, they can report it on your CR for the time allowed by law in your state. This can still hurt you as a potential creditor will see this and deny credit or, as in a mortgage, cause you to pay before they will give you a loan. If the debt is still within the SOL, they could still sue in your state. I'm not sure, but, to me, if they did, then they would have to vacate the other. Maybe Lady or one of the other elders knows more on this particular part.

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Where the agreement originated and where the paper was signed are the same. If the company you signed on with had a main office in one state, but, you signed at their local site, in another county, or state, the county where the local is located would be the county used. If you lived in their county and moved, then the county you now reside in would be used.

the company was located in massachusetts, but they had no local site.

the paper was signed in GA. so you meant that the original agreement was in GA?????? not in massachusetts?????????

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Where the agreement originated and where the paper was signed are the same. If the company you signed on with had a main office in one state, but, you signed at their local site, in another county, or state, the county where the local is located would be the county used. If you lived in their county and moved, then the county you now reside in would be used.

the company was located in massachusetts, but they had no local site.

the paper was signed in GA by me alone without a witness. so you meant that the agreement originiated was in GA?????? not in massachusetts???

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I don't understand how you can be so confused.

1. Place of origin, agreement origianted, signed the contract, where the business is located (local), is one and the same, just different wording.

I don't think where you signed the contract and where the business is located is the one and the same. For an example, if their main office is located in Massachusetts and they sent you the loan application and you signed it in GA, then they are not the same location. So, the agreement orginated in GA, right?

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Remember, my comments were just examples as to how the law is applied.

As to your comment, I would have to say that GA would cover both applications. Just the simple fact that you signed would suffice, at least to me. Though they sent the papers in good faith from MA, I don't think that would cause any change to that matter. As to the fact of the witness not being present has no bearing unless asked for at time of signing, and you failed to do so. Remember, all they would have to do is have you show proof of your signature to show whether you did or did not sign.

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