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Can I be sued in a state I have never lived in? A collection

agency filed a suit against...
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.
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Answered in 2 minutes by:
9/5/2012
Legal_Eagle1
Legal_Eagle1, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified

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?

Legal_Eagle1
Legal_Eagle1, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
Legal_Eagle1 and 87 other Consumer Protection Law Specialists are ready to help you
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sorry, my computer locked up for a few minutes
Ask Your Own Consumer Protection Law Question
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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 5 years ago
The case was filed in San Mateo County California. I live in Brunswick Georgia. I would appreciate a lawyer referral
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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If you have found the information that I have provided to be helpful, please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit for my work. If you have additional questions or need more information please ask.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
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Customer reply replied 5 years ago
Can a local attorney here in georgia help me?
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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Legal_Eagle1
Legal_Eagle1
Legal_Eagle1, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 795
795 Satisfied Customers
Experience: Practicing attorney licensed for over 23 years.

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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).

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