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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16142
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I have a credit card debt which originally was in incurred

Resolved Question:

I have a credit card debt which originally was in incurred in California. I still own a home in California but have moved my wife to Kentucky for her peace of mind. I travel back and forth. I received a summons for this credit card debt in Kentucky, not in California where it was incurred. I would prefer to keep my messes in California, where my accountant resides. can I force them to file in Los Angeles not Kentucky?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

A lawsuit for a debt can be started in your State of residence, so transferring it to CA would not be your best option.

WALLSTREETESQ :

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.

WALLSTREETESQ :

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Customer:

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.

WALLSTREETESQ :

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.

WALLSTREETESQ :

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.

WALLSTREETESQ :

A creditor can sue you where you reside, regardless of where the debt was.

Customer:

Thanks much

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16142
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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