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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8696
Experience:  Just Answer consultant at Self employed
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My husband and I recently relocated to Florida. Our previous

Customer Question

My husband and I recently relocated to Florida. Our previous landlord filed a suit in small claims court in Indiana. The courts served papers to a family member, but we were never given them or properly served. Last month, we received a notice from the courts, that a default judgement of $5685 was made against us. This notice was send via mail at our new address. I was told that there is no jurisdiction across state lines so we never responded. Today, my employer was sent via UPS a Verified Motion in Proceedings supplementary seeking information for garnishment. Does the court have jurisdiction to garnish my wages out of state? What recourse do we have as this was a default judgement. With the exception of one item, the landlord's claims were erroneous.
Submitted: 8 months ago.
Category: Legal
Expert:  legalgems replied 8 months ago.

I am very sorry to hear this;

one would need to hire an attorney in Indiana in order to file a motion to vacate the judgment due to failure to properly serve (service on a family member is not sufficient).

Normally one would include an affidavit showing service was impossible (ie the date the party left the state). If it is clear that there was no proper service, the judge will dismiss the case and then the garnishment can be voided. (State B can enforce State A's judgment - under the full faith and credit clause).

The problem is that if the landlord has a valid claim, they can refile and then properly serve the defendant. The state where the breach occurred (Indiana) would have jurisdiction. Once proper service is effectuated, if the landlord prevails the judge can add, to the judgment, all the fees and costs incurred to get the judgment- so the challenge to jurisdiction actually ends up being an additional cost for the defendant.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 months ago.

Checking in on the above;

Thank you for using Just Answer.

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