2 questions, 2 parts, I need detailed answers as to why/why not... Hypothetical
ID: 414623 • Letter: 2
Question
2 questions, 2 parts, I need detailed answers as to why/why not...
Hypothetical #1– Steve (an Indiana resident) wins the lottery and purchases a new Camaro, which he drives to the Indiana University East campus to show off. While leaving IU East, an Ohio driver sideswipes his car, resulting in $75,000.00 worth of damage.
A. Can I sue them in federal court? (YES OR NO)
B. Why or why not?
Hypothetical #2– Marianne is falsely accused of owing a debt in the amount of $10,000.00, and a collection agency is pursuing the matter. In their collection efforts, the agency has flagrantly violated the Fair Debt Collection Practices Act, an act passed by the US Congress which regulates debt collection.
A. Can you sue them in federal court? (YES OR NO)
B. Why or why not?
Explanation / Answer
A) You can sue them in federal court.
B) A state court would have jurisdiction over a non resident defendant who caused an automobile accident within that state's borders . State's excercise this jurisdiction over non residents through " long arm statutes" as long as excercising jurisdiction does not offend traditional notions of fair play and substantial justice.
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2)
A) You can sue them in federal court
B) Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in a state or federal court within one year from the date the law was violated.
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