Can a debt collector sue me in a different state?
In short, the answer to the question is no. It is illegal for a debt collector to sue a person in a state other than where the debt originated. In North Carolina, debt collectors must file any lawsuits in the state where the debtor lives, worked, or signed the contract for the debt. This means if someone lives in North Carolina and is being sued by a debt collector for an unpaid debt, the lawsuit must be filed in North Carolina. If a lawsuit is initiated in a different state than the one where the debt originated, the debtor has the right to file a motion asking the court to dismiss the lawsuit. The court will consider multiple factors when deciding whether to dismiss the lawsuit, including the expense of the debtor and the likelihood of success. In addition to this, a debt collector must have a valid license to operate in a particular state. In North Carolina, debt collectors must obtain a license from the North Carolina Department of Commerce in order to legally operate within the state. It is important to note that a debt collector does not have to obtain a separate license to file a lawsuit in any state. In summary, debt collectors cannot file a lawsuit against someone in state other than where the debt originated. Additionally, a debt collector must obtain a license to operate in North Carolina and must follow other applicable laws. Debtors have the right to fight any potentially illegal suit filed by a debt collector.
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