i just got served papers

You can't be arrested and they should have files in the state/county and possibly city where you live now.

Im sure someone will come along with exactly what to do because I am really just too tired to remeber right now.

The worst that can happen is this:

-You don't show up for the court date or respond to the summons

-The creditor DOES show up for the court date (which they most likely will, since they went to the trouble of setting it up) and the judge notes your absence and lack of response to the summons

-The judge issues a default judgement in the creditor's favor, against you.

-The creditor then is free to pursue garnishment of your wages (depending on where you live, if it's permissible by state law) or pursues other legal remedy to obtain their payment from you.

Hello beaniebug,

You won't be arrested, but everything else that SUEBEEHONEY70 mentioned in the above post is 100% true.

The only way you can be excused is if you are arrested of if you are in a hospital.

You have to get there! :!:

Are u a legal resident of this new state? And shouldn't he be sued in the state he's livign in now? Have u recieived a citaton also? or just the summons to show up in court? something seems fishy here to me.
Ang

Me too. I thought that the creditor had to file you your state/county and that the court hearing had to be in your area.

Moving to collection agency board. You must file a motion to dismiss action for lack of personal venue or hire attorney to do for you. Then they will have to refile in your current residence state.If you do nothing they get a easy default judgement against you.

Try not to lose by a default though.

this is not true--they can sue you in one of two places...

1--your current state of residence
2--the jurisdiction where you originally entered into the credit agreement

This is set forth in the fdcpa, I believe. Are they trying to sue you in the location where you used to live, or where you entered into the original agreement? If so, then they are legally allowed to do so.

You may still be able to do something about it if you advise the court that you do not have the means to appear in that jurisdiction

Quote:

That is partially correct,but some states have laws that require a person to be sued in their home state. Not to mention if someone is living in another state when suit is filed,it is not hard to file a motion to dismiss based on improper court.

In some circumstances, they can commence an action in the district where you signed a contract. I would respond to the complaint and get a stipulation adjourning the date to a date when you can appear or hire a 'per diem' attorney to appear on your behalf to request an adjournment. Per diem's cost a hundred bucks or so depending on where you live, but it's sure worth it to make the m-fer sit for 3 hours to find you hired a per diem to make him sit and cool his heels.

I suspect there is some time limits involved when filing a suit against you though you have moved. For example if you lived in New York and moved to California and a company filed suit against you 2 days after you moved I think it might be difficult to get your case transfered to California. I think it would be easier to get it moved if you had lived in CA for 2 years instead of a couple of days. I do not know how to file the paper work properly to change the location other than answering the summons as being served improperly but if this is for a large sum of money I would get an attorney involved to do this for you.

Call the attorney's office as soon as possible. State that (and of course they already know this) you are now out of state, and can some sort of arrangement be made for you to pay this down and avoid going to court. I have had this same situation happen to me, and they will most likely work with you. Do not ignore this and do not wait for a judgement to be handed down. You must make the payments, or they will pick up the case again and they will get a judgement against you.