“What’s the Worst Thing I Can Do if I’m Sued?”
You get served with or receive a copy of a lawsuit. Maybe it’s a small amount. Or maybe you think they have the wrong party because you’ve read through the complaint and none of it sounds familiar. Or maybe you think, “well, they can’t get blood from a turnip so who cares if they get a judgment against me?!” Or here’s a classic line we hear all the time: “But I didn’t do anything wrong, so there’s no way a judge will let them get a judgment against me. Wrong, wrong, wrong, and (in case you didn’t know where I’m going with this)....wrong!
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.
A Practical Guide to the Fair Debt Collection Practices Act
Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents. There's just one major flaw with Codes of Conduct -- they are invalid and unenforceable.
Consider what appears to be a fairly innocuous Code of Conduct:
Can they really shut off my water?
Homeowner and condominium associations are increasingly adopting policies for shutting off water or other utilities where an owner has fallen behind in his or her assessments, owes fines or penalties for violating the governing documents, or is supposedly refusing to follow rules. Although people who own in a homeowner association generally are obligated to pay assessments, associations commonly use these water shut-off policies in order to force members to pay assessments, fines, penalties or other charges that they may not owe. These owners often face an unfair choice: Pay what we tell you to pay or live without water.