RSB Posted May 9, 2007 Report Share Posted May 9, 2007 When a JDB files a lawsuit, to collect an old debt, does the JDB have a choice of what court to file in? Does the JDB have the option to choose a state court or a federal court? Link to comment Share on other sites More sharing options...
RSB Posted May 9, 2007 Author Report Share Posted May 9, 2007 The reason I ask the above question is because I am wondering if state law cancels federal law, and the state's law governs crdit issues..The issue as to whether a lawsuit based upon the breach of a credit card agreement would be governed by the U.S. Truth in Lending Act. or the State law depends upon whether a lawsuit is filed in a State Court or Federal Court....right? So, would a lawsuit filed in a State court be governed by State law, and not Federal law, including the Truth in Lending Act? Link to comment Share on other sites More sharing options...
IHateCAs Posted May 9, 2007 Report Share Posted May 9, 2007 State law. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 9, 2007 Report Share Posted May 9, 2007 If they sue you on the debt, it is governed by contract law ( which is a state law q), and things like account stated, open account, breach of contract, money lent, money had and received, etc. They will sue you in the lowest local court they can, to save money on filing costs. The only federal law that comes into play is the FDCPA, which says the suit must be brought in your locale, not theirs. If you wish to sue them on federal law issues, then you have the choice of going to the federal court or the state courts. Link to comment Share on other sites More sharing options...
RSB Posted May 9, 2007 Author Report Share Posted May 9, 2007 Thanks for the information. Link to comment Share on other sites More sharing options...
RSB Posted May 9, 2007 Author Report Share Posted May 9, 2007 One more question:If a credit card is declared a written account in a state court, then the TILA, stating all credit cards are open accounts, cannot be the ruling. Link to comment Share on other sites More sharing options...
cracrap Posted May 10, 2007 Report Share Posted May 10, 2007 bump Link to comment Share on other sites More sharing options...
nascar Posted May 10, 2007 Report Share Posted May 10, 2007 One more question:If a credit card is declared a written account in a state court, then the TILA, stating all credit cards are open accounts, cannot be the ruling.Misapplication of terms, RSB.There is no "written" account; there are written contracts.There are no "open" contracts; there are open accounts.Whether an account is "open" relates to how it is handled from an accounting perspective. Simplified, a contract is either written or oral. Comparing the two terms is like apples and oranges. Link to comment Share on other sites More sharing options...
cracrap Posted May 11, 2007 Report Share Posted May 11, 2007 therefore credit cards are written contracts but open accounts for the purpose of accounting.. Link to comment Share on other sites More sharing options...
RSB Posted May 11, 2007 Author Report Share Posted May 11, 2007 therefore credit cards are written contracts but open accounts for the purpose of accounting..For the purpose of filing a law suit, can JDBs classify credit cards as written agreements/contracts and not open accounts, so they can use a longer SOL to benefit them? Link to comment Share on other sites More sharing options...
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