Debt collector for Advanta wants to sue me in Utah, but I live in California
I live in California the last activity on my credit card was on June 2007, just received a letter from debt collector that they want to sue me in state of Utah, because allegedly the agreement I signed with advanta says they can sue me in Utah which they say statue of limitation is 6 years instead of my home state of California which is 4.
Can they sue me in Utah while I always lived in California, and even if they get a judgment in Utah can they enforce that judgment in California?
—BOB
It is extremely unlikely you are going to be sued in Utah for the Advanta credit card debt you stopped paying in 2007. Advanta folded up. Any Advanta collection accounts the remain are sent from one debt collector to another etc. Suing you in California is not going to happen either.
I have not actually seen an Advanta collection attempt using the court in years.
Can you post a reply below with exactly what the letter said? Did it “imply” a lawsuit “could” be filed, or did it state in plain language that you are going to be sued?
If it was plain language used, I will probably encourage you to call an experienced consumer attorney in California to look into whether there are collection violations worth looking into. If there are, most of this type of violation can be pursued by an experienced attorney at no cost to you, so it’s worth looking into.
Post more information in the comment section below and lets go from there.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
