Is a Debt Collector Suing You in a "Foreign" Court

The Fair Debt Collection Practices Act ("FDCPA") expressly prohibits a debt collector from bringing a legal action in a "foreign" venue. See 15 U.S.C. § 1692i. "Foreign" does not mean account on another country or even another state. For purposes of the FDCPA, a "foreign" court is any court that is not located in q judicial district in which you reside or in which you signed the contract that is at issue in the lawsuit.

This statute explicitly provides for just two proper forums:

  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.

A legal action for purposes of this section is not limited to a lawsuit, but it can also include a garnishment action, other types of collection actions, and generally encompasses "all judicial proceedings."

Call us at 602-274-5400 If you have questions whether you're being sued in the correct court. i you are not being sued in the right court, you may be entitled to damages, attorneys' fees, and court costs (even if you owe the debt).