Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
A lawsuit for a debt can be started in your State of residence, so transferring it to CA would not be your best option.
Also, since CA is a community property State if the case was handled their and they win, they can enforce their claim against your spouse even if she was not on the debt. Kentucky, is not a community property State, and they can only enforce the debt on the person who was the signor.
If satisfied with our service please press the accept button so we can receive credit.
If you have any further questions please do not hesitate to ask.
Thank you very much, I understand the issues of community property now. But I would still like to know if the debt was originally incurred in California and I work part time and own a home in California can they file in Kentucky just because I have a temporary residence and PO Box here, forcing excessive travel inconvenience etc. Do they have any obligation to file in the state, county where the debt was incurred.
Jurisdiction is an important aspect of any case, what you could do is answer the complaint from the lawsuit, and claim that the KY Courts have no Jurisdiction, because you are a CA resident, and the debt is in CA, and that KY has no contacts or jurisdiction with the case. You should claim you are not a KY resident and the Court may throw it out.
You will have to show that you are still a CA resident, by showing tax returns, a drivers license all using the CA address to succeed.
A creditor can sue you where you reside, regardless of where the debt was.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).