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Do I have to attend small claims court in another state about owing an individual money that I don't think I owe?
Anonymous3 views3 answers
I received a letter in the mail (not certified) stating that I should attend small claims court in Alabama due to an individual stating that I owe him money on a loan that I disagree with. I live in Georgia. I found on the internet a site that claims: Out of state defendants - If you don't live or do business in a state where you are sued, a court normally doesn't have power (jurisdiction) to enter a valid judgment against me, unless court papers are served while I happen to be in that state. Can someone tell me if this is correct? What will happen if I don't show if this is correct? Thank you in advance.
Did you sign for service? If you didn't, call up the small claims court to see if the person that sent the letter says that you were served. If you were not send a letter saying you were not served and did not live there and don't see why you have to attend.
If you can check with a Georgia lawyer that handles consumer matters if it is a bank or loan organization, as many just hope people let things slide, they get judgments, and make money on claims where they may not originally have a right. Most members of the Georgia Trial Lawyers association give free consultations--see which ones say they handle consumer issues.
You need to consult with a lawyer. If the alleged debt was incurred in Alabama, or involved Alabama, Alabama may claim jurisdiction under a long arm statute or other legislation. And a judgment there can be domesticated in Georgia, and collected here. (In other words, whatever websitye you found spouted useless garbage, and you need to see a lawyer). So ignoring the case is likely extremely foolish. A second issue will be were you properly served under Alabama law. No one who has not examined the case filing can answer that.
You should consult an Alabama attorney about whether or not you have a good argument that Alabama does not have jurisdiction over you. This will require an attorney to consider the facts of any dealings between you and this other individual in detail. Although cosumer attorneys usually help individuals in claims brought by businesses, you may want to look for an attorney at www.naca.net.
