Every year, tens of thousands of Maryland residents are sued in debt collection cases. Only about 20 percent of them enter defenses, though.
There are a lot of reasons for that. Some people think they don’t stand a chance in court. Some hope that the debt will go away if they ignore it. Others simply aren’t notified of the lawsuit until it’s too late.
Another reason is that sometimes people are sued in the wrong place. So if you’re wondering, “why am I being sued so far from home?” then it could be because you’re being sued in the wrong venue.
If you’re wondering, “am I being sued legally?” or are served a lawsuit in a faraway place, keep reading. We’re going over the basics about venue laws and area limits in Maryland.
If You Live In Maryland
State and Federal law limits where you can be sued to a particular court, covering a particular area, called the “venue”. In Maryland, Baltimore City and each county is a venue. Maryland (and Federal) law limits the venues where debt collectors can sue you.
If you live in Maryland, the venue has to be the county where:
- You live, or
- You work, or
- You do business
So, for example, if you live and work in Alleghany County, you shouldn’t have to defend yourself in a court in Cecil County.
In addition, the federal Fair Debt Collection Practices Act says that you can only be sued for a consumer debt in the county where:
- You live, or
- You signed the contract creating the debt
If your lawsuit is filed in the wrong county for a consumer debt, you should consult an attorney. You may have a right to have the case moved to the county where you live, or to sue the debt collector for breaking the law, or both.
If You Live Outside of Maryland
If you don’t live in Maryland, and your lawsuit is in Maryland, Maryland law says you can be sued in any Maryland county (it’s going to be inconvenient anyway!). However, the Fair Debt Collection Practices Act still applies.
You must be sued either where
- You live, or
- You signed the contract creating the debt.
Again, if you think you’re lawsuit is in the wrong place, talk to a consumer protection lawyer about it. You may be able to fight back with a lawsuit of your own.
If You’re Being Sued Outside Maryland
Each state has its own laws about the proper venue for a lawsuit. That being said, the Fair Debt Collection Practices Act applies everywhere.
If you’re being sued somewhere you don’t live and didn’t sign the contract being sued on, talk to a consumer rights lawyer ASAP.
Why Am I Being Sued? We Can Help You Answer That and More
People come to us with questions ranging from, “why am I being sued” to “what can I do against debt collection harassment?” We have experience helping people fight back against consumer rights violations in all areas from medical to credit card debt and more.
If you are being sued in a debt collection lawsuit, feel free to contact us for a consultation.