Jump to content

FTC.gov question


erinmc76
 Share

Recommended Posts

Ok -- boyfriend lives in Montgomery County. He had some old medical bills that his ex was to pay, but never did. It all caught up with him and he got served at work (Sangamon County) with a judgement. Does this law apply to him??

§ 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.

(B) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

Link to comment
Share on other sites

Illinois requires proper service of summons. If he did not get served with the summons to appear in court before the judgment was awarded, then file a motion to vacate for improper service. By serving the judgment at work, they obviously did know where to serve the summons so there is no excuse.

Now if he ignored the summons to appear, he's pretty much stuck. A judge isn't going to grant a motion to vacate if he didn't take the time to show up in court in the first place.

Link to comment
Share on other sites

Sorry -- it was a summons that he was served with at work, not the judgement. But in any case, it was a completely different county than he resides or where the service took place. But the billing company is in the same county that he works in. Am I making sense??

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.