Legal Question in Credit and Debt Law in Virginia

In 2003, I signed an "agreement" a company sent me soliciting to obtain funds owed to me by the government. I ignorantly signed the agreement. The company never came through. 7 years later, and more educated, I obtained the money on my own. The company now wants their fee for collecting this money. They provided no service, but I signed an agreement. Scenario: The agreement stated all legal action and enforcement of this agreement will be in a certain jurisdiction of Utah. Fair Debt Collection Practices Act ss 811 states: Any debt collector who brings any legal action on a debt against any consumer shall�(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. Question: Can an agreement supersede United States Code?

Asked on 10/26/10, 7:40 am

Michael Hendrickson Law Office Michael E. Hendrickson

0 users found helpful

0 attorneys agreed

No, an agreement between parties will not normally supercede an

applicable provision of the U.S.C. but that doesn't mean (in my opinion) that the

action you've descrbed on the part of this collector would necessarily be

proscribed under these circumstances for the reason you've suggested.

Nevertheless, the more important defenses would likely involve the applicable

statute of limitations as well as the company's alleged failure to provide any service to you.

Answered on 10/31/10, 8:12 am

Keywords

Match Any Match All

Country

State

Area of Law