QUESTION

Was proper venue used if one count is for a hospital in Schuyler County, one for a hospital in McDonough County & one for a clinic in Cass County?

Asked on Aug 15th, 2014 on Bankruptcy - Illinois
More details to this question:
I am having my wages garnished on a default judgment. The lawsuit was filed in Schuyler County but contains three counts.
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1 ANSWER

Debt Collection Attorney serving Chicago, IL
2 Awards
The answer depends on whether you lived in Schuyler County. If the answer is "no," then only the bill from the Schuyler county hospital was properly filed there. Note that improper venue as a basis for dismissal/ transfer is waived unless raised immediately. Filing in a county or district where the consumer neither resides (when suit is filed) or signed the contract sued upon is an FDCPA violation, entitling you to $1,000 plus any actual damages. If you are within 30 days, it is relatively easy to get a judgment vacated. If you were not served, it can be vacated at any time. Otherwise, you have 2 years and must show a defense and reasonable diligence.
Answered on Aug 19th, 2014 at 9:33 AM

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