I have a credit card debt. The debt collection company is located across the country and told me they are suing me there. Can the debt collector sue me somewhere other than where I live?
A: This question deals with venue. Venue is the legal issue of where a lawsuit can be brought. So, the question is what is the proper venue for a debt collection lawsuit?
Under the Rosenthal Act, or the California Fair Debt Collection Practices Act, proper venue is under Civil Code 1788.15. That section states that a debt collector can sue in the county where the debtor lives at the time of the filing of the lawsuit or in the county where the debt was incurred.
Under the FDCPA, the Fair Debt Collection Practices Act, the debt collector can sue where the debtor lives at the time of the filing of the lawsuit or where the consumer signed the contract. Since most debt collectors do not know where the contract was signed, this only leaves the place where the defendant lives.
This is important because the debt collector may not want to sue you where you live. If they sue you in the wrong county, you have a complaint against the debt collector for violating the FDCPA and the Rosenthal Act.
You should immediately contact an attorney to review the situation if you are sued by a debt collector.