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31 minutes ago, BackFromTheDebt said:

Since you lived in Cali at the time of default, then it is probably legal for them to sue you in California.  Especially since you don’t have a VA drivers license.

 I don’t know if you ever registered to vote in VA or not.  
 

 

Nope.  Not even close.  He moved out of state 10 months prior to the case being filed.  His residency determines where they sue not where he defaulted.  Had they filed before he moved the OP would be forced to try the case in Cali.  

12 hours ago, Macslick said:

Hey @Clydesmom the case was filed 09/16/2021 and I moved 11/01/2020 I do not own a car and I just have a passport from when I lived in Los Angeles my license expired and I never renewed it until I can afford a car. Thank you.

Okay, if you are comfortable drafting your own motion do so otherwise hire a consumer lawyer to file a motion to dismiss for lack of jurisdiction.  The basis is they filed in the wrong jurisdiction and venue as the Defendant has not resided in California since 11/2020 and therefore the court does not have jurisdiction to hear the case.  This forces them to start over in Virginia.  You need to presume that you have been served via the electronic delivery.  Failure to answer and file this motion means a default judgment and you do not want to try and unravel that.

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It would be good to provide some type of proof you are living in VA. Did you file income tax. You would have had a Part Year Virginia tax form.  Are you renting affidavit from land lord. Purchase receipt from local merchant older the better. I don't know if email service includes ISP location.  Did you open any local accounts? 

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3 hours ago, nobk4me said:

Is there a FDCPA violation here?

 

Maybe.  If they knew the Defendant already resided on the other coast it would be.  The problem is the burden of proof is on the OP to prove they knew this and intentionally used the wrong jurisdiction.

The other problem is the debt is almost $7k.  Since the maximum award for an FDCPA violation is $1k they may not care.  They can simply fire the law firm and leave the OP to sue them separately for the violation and still pursue the debt claim.  Or, they can keep the law firm and if there is an award on the counter claim deduct it from any final judgment they get.  

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Corrected in posts below.

What the FDCPA says regarding venue below. To me, it seems the mere act of filing in the wrong judicial district is a violation regardless of whether or not plaintiff did so intentionally or mistakenly. Also that it doesn't matter where @Macslick lived at time of default.

The one thing to note is that it does say they can sue you in the district where the "contract was signed".

@Macslick 1) did you live in LA County when you signed up for the card?

2) (and I'm not sure about this angle) if you did, would they be able to prove you signed up for it in LA County?

I think you should definitely reach out to a few consumer attorneys to ask about this. If they can confirm it's an FDCPA violation, that would be good leverage IMO. The alleged 7K might be a quite larger than the 1K award for a FDCPA violation, but the JDB would also have to consider attorney fees on both sides in a potential lawsuit (I believe they would be on the hook for your attorney fees if you prevail). That's not the kind of mess a JDB typically wants to get into.

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

 

Quote

 

§ 811.  Legal actions by debt collectors

(a) Venue
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) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

 

 

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2 hours ago, RyanEX said:

The one thing to note is that it does say they can sue you in the district where the "contract was signed".

That is not for credit card debt.  Read it again.  It is for " in the case of an action to enforce an interest in real property securing the consumer's obligation".  This is a credit card debt which is non-secured debt.  That clause does not apply.

2 hours ago, RyanEX said:

To me, it seems the mere act of filing in the wrong judicial district is a violation regardless of whether or not plaintiff did so intentionally or mistakenly.

The FDCPA provides for a bonafide error defense for the creditors.  If they can prove that the filing was made in good faith in what they had as the last known address they will get a pass on the violation but still forced to dismiss and file in VA.

2 hours ago, RyanEX said:

Also that it doesn't matter where @Macslick lived at time of default.

Disagree.  It could.  If borrowing statutes or SOL are involved it could be pivotal.  While the SOL does not apply borrowing statutes very much do in Virginia.

2 hours ago, RyanEX said:

If they can confirm it's an FDCPA violation, that would be good leverage IMO. The alleged 7K might be a quite larger than the 1K award for a FDCPA violation, but the JDB would also have to consider attorney fees on both sides in a potential lawsuit (I believe they would be on the hook for your attorney fees if you prevail). That's not the kind of mess a JDB typically wants to get into.

No it isn't leverage because they simply fire the law firm that did it and leave the consumer to have to pursue the violation separately from the debt collection case.  The FDCPA violation only works as a counter claim when the $1k award is more than the debt being sued for.  A $7k debt isn't going to make them think twice about continuing to pursue the case.  Especially in Virginia which is VERY creditor friendly in the courts.

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8 hours ago, RyanEX said:

To me, it seems the mere act of filing in the wrong judicial district is a violation regardless of whether or not plaintiff did so intentionally or mistakenly.

The FDCPA allows for bona fide error.

[T]o qualify for the bona fide error defense, the defendant must prove that (1) it violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) it maintained procedures reasonably adapted to avoid the violation." McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 948 (9th Cir. 2011).

Note the OP stated that he is in “temporary housing” in VA.  If there is no record in CA of the OP’s move to VA and the OP never communicated that he is in VA, the debt collector could have a bona fide error defense.  

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