According to the law, a debt collector does have the right to sue you if they are collecting on a legal debt. The Fair Debt Collection Practices Act protects consumers against harassment and abuse, but it does not erase the consumer’s debt. However, the law also states that there are restrictions on the judicial districts in which they are allowed to bring the legal action.
According to Section 811 of the FDCPA, a debt collector who brings any legal action against a consumer’s debt must follow these rules:
- If it’s a case that real property secures the debt, such as a home, they must bring the action within the district that the property is located.
- If it’s not a real property-secured debt, then they can only bring action in the judicial district where the consumer signed the contract they’re being sued upon, or where the consumer lives at the time of the action.
