Creditor's rights to seek legal action over old credit card debt, credit card agreements and debt collection

Asked almost 6 years ago - Vancouver, WA

can I get sued over bad debt in a state that I don't live in?

Attorney answers (2)

  1. Thuong-Tri Nguyen

    Contributor Level 20

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    Answered . Often, in credit card agreements (and many other agreements), there is a clause specifying in which state legal actions may be brought. Often, that state is not where the cardholder lives.

    So, theoretically, you can be sued in a state where you do not live.

    Whether in this particular case that can be done is not known because of missing facts.

    You likely should review your facts and options with an attorney. The attorney likely will need to review the agreement between you and the creditor.

  2. Samuel John Glover

    Contributor Level 8

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    Lawyers agree

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    Answered . As youmight imagine, it depends.

    For a credit card debt, assuming you are a consumer and the debt is a consumer debt, the FDCPA requires the debt collector to sue you in the jurisdiction where (1) you signed the contract, or (2) you reside.

    If you think they are suing in the wrong place, seek out advice from a consumer rights lawyer in your state, who can help you understand your options.

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