Can a creditor sue you in a different state?

[inevitable]

Just curious if it is possible for a creditor to sue you in a different state and then garnish your wages.

[treehugger1]

I believe this is possible under a specific set of circumstances of which I don't know. Once the judgment has been obtained, it is then possible to have the judgment "domesticated" in your county. You should receive plenty of notice of pending suits, as you must still be served.

[inevitable]

I had a rep from my legal plan tell me that clients told him that this happened to them. I find it hard to believe, as most of my collectors actually have offices setup here where I live. But you never know, but so far I have not found anything on an internet search.

[justbroke]

Yes, this does happen, and as treehugger wrote, the creditor later tries to get it domesticated where you live. It's a little sneaky, if you ask me... but you need to read your applications and agreements (I know, no one does) before signing them. They may read about all sorts of things like arbitration, and where the applicable law is based, and where proceedings are held (venue).

There are recovery companies out there who just do judgment domestication on behalf of creditors. The type of "bounty" hunter you never read about!

[inevitable]

How the heck can I find out if this is occuring? Search every states online docket?

[Worried Mom]

Can they do this without serving the defendent? Do they expect the alleged debtor to travel cross-country to attend the proceedings? This just doesn't make sense.

[inevitable]

That's what I thought, but it does sound like the lowest of low tactics to collect from a debtor.

[justbroke]

This is actually wicked, and I don't know how they get away with it. To get it domesticated, they definitely need to serve you properly, but there are horror stories where the service was improper, and they still received their judgment.

Search Google for "domesticated judgment". Have fun!

[inevitable]

Have fun!

Nothing about this is anywhere remotely even close to fun. I laughed when I read that though.

[AngelinaCatHub]

Can they do this without serving the defendent? Do they expect the alleged debtor to travel cross-country to attend the proceedings? This just doesn't make sense.

If they cannot locate the defendant with worthy attempts, they can serve him in the newspaper. This being uncool too, but it can be done. However, then, if they get a Judgment by default, how would they enforce it if they did not know where the defendant was to serve?

It could easily (a relative statement) be overturned.

Usually, a tort case has to be tried where the tort happened. 'Hub

[junker]

i had a jdb sue me while i lived in florida for a cc debt that was entirely used and defaulted on in california, they just have to be liscensed to do business in the current state you are in...some will use "rent a lawyer" even without being registered in your state in the hope you dont show, they win by default.. i also had a judgement in california that took them 2 years to find out i moved to florida, and they threatened to "domesticate" or register it in florida to proceed to try and collect....one NOTE.... if you do business with a large interstate bank.. they can seize your account...with a judgement....without having to register in your current state.. the judgement guy threatened that he could seize my accts within 2 weeks of finding my bank accts....WITHOUT domesticating the judgement.....

[BigJohn]

Some business loans have it written in the fine contract that they can sue in their State, not our State.

[inevitable]

I called the local justice court (small claims below $2500), they have never even heard of the term (domesticated judgement). So, who knows.

[junker]

the POINT is they have to transfer the judgement to your current state, whether they call it transfer, register, or domesticate is irrelevant, except for bank accts they have to get the judgement enforcable in your state. you must have a bunch of rummies working in small claims, they should have gotten the drift of what you are trying to ask. unless you wasnt clear on your question....

[inevitable]

I was pretty clear, I explained the process in detail, yet, they were still unfamiliar, and actually told me it was a legal question that I should ask an attorney about. To which, I told them they were wrong, I imlpied that it was a general question, that the small claims court should be familiar with, but he still was clueless.