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LegalEagle1
LegalEagle1, Attorney
Category: Business Law
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Experience:  Practicing attorney licensed for over 23 years.
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Can I be sued in a state I have never lived in? A collection

Customer Question

Can I be sued in a state I have never lived in? A collection agency filed a suit against me in a California court for a credit card debt from six years ago. Now they have filed a subpoena for my bank records. I lived in Indiana at the time of the credit card default and now live in Georgia.
Submitted: 2 years ago.
Category: Business Law
Expert:  LegalEagle1 replied 2 years ago.

LegalEagle1 :

Hello and welcome to JustAnswer.


 

LegalEagle1 :

I would like to help you with your question today.

Customer:

What advice do you have?

LegalEagle1 :

The answer to you question depends upon the terms of your credit card agreement.

LegalEagle1 :

what credit card was it?

Customer:

Mastercard

LegalEagle1 :

what bank

Customer:

Washington mutual

LegalEagle1 :

they were based in Seattle, they have since gone bankrupt and have been sold off

LegalEagle1 :

have you been served with the complaint?

Customer:

No. I was never served. I received a subpoena for my bank records in august 2012 and looked up the case number XXXXX line. That is when I found out I was being sued by Collect Access LLC located in California. The suit was filed in september of 2010.

LegalEagle1 :

the first step for you is to obtain a copy of the court documents, including the complaint. The complaint should state the factual basis for the court to have jurisdiction.

LegalEagle1 :

One concern I have for you, is usually they do not request bank records until there is a judgement they are trying to collect. You may find that their is default judgment against you.

LegalEagle1 :

If so, you will have to file to have it set aside and dismissed if there is no basis for jurisdiction.

Customer:

I have a copy of the suit. It states the I am a resident of Califronia. I have never been a resident of California.

LegalEagle1 :

you should consult with a lawyer familiar with the Fair Debt Collection Practices Act. He should be able to have the judgment set aside, if there is one, and the case dismissed. he also may be able to obtain a judgement against the collection outfit and perhaps the attorney who filed the action.

LegalEagle1 :

Courts do not look to kindly upon collection companies who file fraudulent cases.

Customer:

How do I do that?

Customer:

would I have been notified if there is a judgment against me?

LegalEagle1, Attorney
Category: Business Law
Satisfied Customers: 754
Experience: Practicing attorney licensed for over 23 years.
LegalEagle1 and 7 other Business Law Specialists are ready to help you
Expert:  LegalEagle1 replied 2 years ago.
sorry, my computer locked up for a few minutes
Expert:  LegalEagle1 replied 2 years ago.
You can obtain copies of the case file from the court. Sometimes you view documents on the internet.

If you would like help finding an attorney who can help you. I can provide with lawyer referral information if you tell me where you live and where the case was filed.
Customer: replied 2 years ago.
The case was filed in San Mateo County California. I live in Brunswick Georgia. I would appreciate a lawyer referral
Expert:  LegalEagle1 replied 2 years ago.
Here is the Lawyer Referral Service for San Mateo County. You will want a lawyer who is familiar with debtor's rights.

https://www.smcba.org/For%20The%20Public/LRS.aspx

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Customer: replied 2 years ago.
Can a local attorney here in georgia help me?
Expert:  LegalEagle1 replied 2 years ago.
One may be able to give you guidance and perhaps pursue a fair debt collection practices claim against the company that sued you. He will have determine if the courts in your state have jurisdiction to over the company that sued you. But there is no downside in consulting with an attorney in GA.

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