Banks standing to sue in State Courts.

Bank's standing to sue in state courts

Richard Cornforth was speaking on that very topic in our last J-accuse meeting.

Vinny Tecchio has also discussed that matter in a couple of his conference calls and so I would suggest that you listen to the audio here and check with Richard to see if he can offer you some suggestions along the lines that you are speaking about here.

I'm sure he can offer you some insights as usual. The audio post is in mp3 format so you won't need the Sony player to listen to it. Just click on it and it should start playing immediately.




Folks,

>From my research on credit card banks suing in a foreign state outside of the bank's incorporated state. I've learned that if a bank is a Nationally Associated bank (N.A.) they do not have to register in each state.

You will see many times a credit card bank will only be registered in the state where they have their headquarters or the state where the bank originally incorporated, such as Delaware.

I cannot find any case law stating a Nationally Associated bank is "restricted" from coming into your home county, voluntarily submitting the bank to the jurisdiction of your local court, and bring suit against you.

Been there, fought the fight and lost because I could not find any law to overcome the attorneys claim the out of state bank had standing to bring suit in the local county court where the defendant lives by voluntarily submitting the bank to the jurisdiction of the court.

If anyone has successfully overcome the merits of this issue or has "case" law that contradicts this issue, please shed some light on this issue.

Otherwise, I have not found any law (statute or case) that contradicts this matter.