FDCPA Legal Actions and Court Procedures

Question 1

Under the FDCPA, in which venue may a debt collector file a lawsuit against a consumer?

Accepted Answer

Where the consumer resides or where the contract was signed

Answer

Any federal district court in the United States

Answer

Only where the original creditor is headquartered

Answer

Where the debt collector's principal office is located

Question 2

A collector files suit against a consumer in a court 500 miles from the consumer's home. This is:

Accepted Answer

An FDCPA violation — venue must be where the consumer lives or signed the contract

Answer

Permissible if the debt exceeds $5,000

Answer

Permissible in federal court regardless of distance

Answer

An FDCPA violation only if the consumer objects within 30 days

Question 3

Can a debt collector threaten to sue a consumer on a debt that is past the statute of limitations?

Accepted Answer

No, threatening to sue on time-barred debt is an FDCPA violation

Answer

Yes, the threat is legal even if suit cannot be filed

Answer

Yes, if the collector discloses the debt is time-barred

Answer

No, only if the consumer requests validation first

Question 4

A collector actually files suit on a time-barred debt. Is this an FDCPA violation?

Accepted Answer

Yes, filing suit on a time-barred debt without disclosing this fact violates the FDCPA

Answer

No, filing suit is always a legal action beyond FDCPA reach

Answer

No, the FDCPA only regulates communications, not court filings

Answer

Yes, but only if the consumer raises the limitations defense

Question 5

Under the FDCPA, which of the following is a 'false representation' regarding legal action?

Accepted Answer

Threatening arrest for failure to pay a civil debt

Answer

Informing a consumer a lawsuit has been filed when it has

Answer

Advising a consumer they may be sued if payment is not made

Answer

Sending a letter from the collector's in-house attorney

Question 6

A collector obtains a default judgment against a consumer. May the collector immediately garnish the consumer's wages?

Accepted Answer

Only if the judgment is valid and garnishment is permitted by state law

Answer

Yes, a default judgment automatically authorizes wage garnishment nationally

Answer

No, wage garnishment requires a separate federal court order

Answer

Yes, but limited to 50% of disposable earnings