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What state to sue PRA in?


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12 minutes ago, S.S.D.D. said:

I was just wondering if I can sue in my state?

Whether you can and SHOULD depends on WHY you are suing.  

If it is based on Federal law you can file in state court but PRA can file to have it removed to Federal Court at your expense.

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If you want to sue Portfolio because they reached into your state and did something which makes you believe you have a claim against them, yes, you can. If they sent you a letter and you received it in Minnesota, or placed a phone call to you in Minnesota, that subjects them to the jurisdiction of your courts. You really don't want to sue them anywhere else because you potentially subject yourself to having to travel to venue where action was filed for hearings, mediation, etc. So, by all means, stay in  your home district if you can.

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7 hours ago, Clydesmom said:

If it is based on Federal law you can file in state court but PRA can file to have it removed to Federal Court at your expense.

No. If Plaintiff filed an action in state court that is subject to removal to Federal Court, the Defendant pays if he wants to remove to Federal.

In fact, that's often a good money saver for Plaintiffs. In many states, it is cheaper to file in state court and let Defendant remove to Federal.

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