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Ambrcat14

Can I be legitimately sued in the state where I defaulted on a private student loan?

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Can a case be dismissed for not having proper personal jurisdiction if I no longer live in the state where I defaulted?

 

I found this law which states that in NY, there is personal jurisdiction for NY courts to hear a case if a "tortious act" occured there.  Would defaulting on my loans there be considered a tortious act if I continued to not pay on my loans in a different state, OH? 

 

This rule is CPLR 302 a:  "

(a) Acts which are the basis of jurisdiction.  As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent:

1. transacts any business within the state or contracts anywhere to supply goods or services in the state;  or

2. commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act;  or....etc etc"

 

The Fair Debt Collection Practices Act states that venue should be where a person resides or where they signed their credit contract.  I would like the court to consider my case under DC statutes where my SOL would be up after 3 years. 

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Standing and jurisdiction are issues to be included in the Plaintiff's Original Petition.  If neither exists or is incorrect, then it is incumbent upon the Respondent in a civil matter to plead the matter appropriately in the Motion to Dismiss. 

 

You would need to demonstrate that venue is appropriate in the State in which you presently reside.  If you have not been away from New York for a long enough period of time, it is entirely possible that venue would be proper in New York. 

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I won't post in here anymore, this place is bringing me down.  I have debt to deal with so excuse me while I take a hike.  Not supportive of women debtors, not even from other women.  Goodbye.

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15 hours ago, Ambrcat14 said:

I won't post in here anymore, this place is bringing me down.  I have debt to deal with so excuse me while I take a hike.  Not supportive of women debtors, not even from other women.  Goodbye.

Being female is NOT a pass as it relates to debt.  Claiming that the responses from females weren't supportive does you NO good given that the same replies would have been given to a male poster (and in most cases, there is NOT an indicator as to the sex of a poster). 

 

Indy was correct in noting that there are multiple threads created on this subject.  All that does is compound potential confusion on your part. 

 

You are going in so many different directions right now that you don't know WHICH end is up.  Answers given can ONLY be in general form because issues such as litigation do not HAVE a clear cut response with the limited detail that should be provided in a public forum.  Even the replies from persons who practice in various jurisdictions have to remain vague precisely because you are NOT a client. 

 

Good luck finding someone that will give you the rose-colored glasses response that you seem to desire, even if said reply is NOT something that is in your best interest insofar as resolving the problems are concerned...

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