Legal Question in Credit and Debt Law in Louisiana
I am being sued in Louisiana for an alleged debt.
I live in Georgia, and I lived in Georgia when the alleged debt was incurred. I have no contract with the creditor, and so a debt collection action can only be filed against me where I currently reside, in compliance with the Fair Debt Collection Practices Act, 15 U.S.C. 1692i. I have included the text of this law below.
I need to know how to have this suit dismissed because Louisiana is an improper venue for this suit. I can't afford to take off work and travel to Louisiana to appear in court.
What do I need to do to have this suit dismissed? Do I need to file something with the court?
Thank you!
15 U.S.C. 1692i:
(a) Venue Any debt collector who brings any legal action on a debt against any consumer shall�
(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.
1 Answer from Attorneys
You can hire a local Louisiana attorney to file an exception for you.