Being Sued?

[doni49]

I was reading a diff thread talking about being sued. One of the posters made a comment that raises a couple questions in my mind.

Another point: STATE SPECIFIC LAWS really are where it's at. A lot of times we see comments that while I'm sure valuable, do not apply to the state the poster is in. For instance: In my state, a creditor cannot seek a MONETARY Judgment for breach of contract (like CC ) unless defendant was served in person - I can find no exceptions in my state civil code.

1. For the large majority of my accounts, I was living in PA when I opened them. But I've since moved to MO. Which state's laws would I have to go by? Or maybe it even depends on the state where the cc company is located?
2. How do I find out what my state's rules are on this issue?

It'd be nice to know that not being served means that I can rest assured I'm not being sued.

TIA!

[treehugger1]

I do';t have the time to walk you through any detailed analysis, but I will tell you what I know. In general, you must be sued and served in the county of the state you reside in. But, many states have service rules of procedure that allow you to be served at your "last known address." If you are sued in your new state, then that state's rules of civil procedure should apply. Jurisdiction issues can and do get complicated. There is no one correct answer.

I would argue that you should stay informed. Make periodic phone calls to your past county courthouse and inquiry as to any suits filed against you. I see no reason to be blind-sided.

[WhatMoney]

I was reading a diff thread talking about being sued. One of the posters made a comment that raises a couple questions in my mind.

1. For the large majority of my accounts, I was living in PA when I opened them. But I've since moved to MO. Which state's laws would I have to go by? Or maybe it even depends on the state where the cc company is located?
2. How do I find out what my state's rules are on this issue?

It'd be nice to know that not being served means that I can rest assured I'm not being sued. TIA!

You are generally sued in the county of your legal residence. If the collectors know your present address they will use MO law. If you are hiding and they still think you live in PA, they might try suing you in Pa, but they would have trouble serving you, either by mail or in person. If you are not yet a legal MO resident, they could sue you in PA and then domesticate the judgment to your county in MO, again assuming they can find you.

The MO Revised Statutes are below. See Contracts and Contractual Relations chapter and Civil Procedure and Limitations.

http://www.moga.mo.gov/statutes/statutes.htm#T28
.

[doni49]

You are generally sued in the county of your legal residence. If the collectors know your present address they will use MO law. If you are hiding and they still think you live in PA, they might try suing you in Pa, but they would have trouble serving you, either by mail or in person. If you are not yet a legal MO resident, they could sue you in PA and then domesticate the judgment to your county in MO, again assuming they can find you.

The MO Revised Statutes are below. See Contracts and Contractual Relations chapter and Civil Procedure and Limitations.

http://www.moga.mo.gov/statutes/statutes.htm#T28
.

Thanks for the info. I told them all about the move at the time of the move. I've received bills from them all at the new address. Which means they'd never be able to claim they don't know that I moved.