Review Debt collectors practices or debt collection laws. Dealing with debt collectors will your creditor actually sue you. Learn when the debt collection statute of limitations will expire in your state!
Debt collection practices vary, because the lawsuit process is usually slow and more costly, the creditor will try every other available remedy, especially if you are judgment proof.
If your debts are less than $1000, it is unlikely the debt collector will pursue a lawsuit.
If you have a presentable defense, your creditors will likely withdraw.
Unless the collector has a history of local suits, it is unlikely your creditors will follow-up. Check with the court clerk to see if the creditor has brought other suits in your area.
When your creditor is out-of-state and the account is relatively small, it is highly unlikely that a lawsuit will be filed against you. In this situation, the cost to the creditor is usually just to prohibitive.
Almost without exception, the suit must be filed where the defendant lives. Look up your state collection laws.
If the dispute occurred some distance from where you live, check the local collection laws there, as requirements may vary.
The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
They may require the claim be filed where the defendant lives or has a business, where the accident occurred, where the contract was signed, where the contract was broken, or where the merchandise was purchased.
When checking local laws, note how the jurisdiction is divided by precincts, cities, counties or districts. Then note which court falls in the appropriate territory, you may have a choice of courts in which to file your case.
Choose the jurisdiction most convenient to you, or the one allowing the highest jurisdictional amount if those amounts vary by jurisdictions.
You cannot force a defendant who lives outside the state in which you bring suit to come to you.
If you are suing a corporation incorporated elsewhere that does some business in your state, you can bring suit.
If the defendant has no connection to your state, you can only sue by going to his or her jurisdiction.
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