If a creditor decides to take you to court, which state does he use? My home state or their home state? And if they can sue me on their home state do I have to be there? Thanks. Jim
Jurisdiction for suit should be in your cardholder/loan agreement. More than likely is anywhere where the law is most favorable to them.
No, the law is very specific about where the venue must lie. It must lie the county of residence of the debtor.
All cardholder agreements have a stipulation that they are governed by the laws of XX state. This does not usually hold up in court however, as most states have a statute that by doing business in the state the company is subjecting itself to the jurisidiction of the judiciary of that state.
