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live in a different state than lawsuit.


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I understand that a Discover Card attorney has filed a case against me. I have my mail sent to my son who lives in Georgia, and I live in California. Discover Card has my California address as I settled a debt with them a month ago, using my California address. I file my taxes and I am employed in california. Also, can I still send the debt validation letter to the attorney who represents Discover Card. No court date has been given.

Please advise??

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Well you have them for filing a lawsuit in a county in which you are not a resident.

Was it the county where you signed your agreement? Some companies will tell you that they use the county where THEY are headquartered.

You might try and have it dismissed for wrong venue. Call the clerk down there and get as much info as you can.

Good luck

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If you have no other connection with Georgia, then any judgment obtained against you there will most likley be unenforceable. The question is whether Georgia has "personal jurisdiction" over you. The general rule is that a state has personal jurisdiction over you if you have "minimum contacts" with the state.

Minimum contacts = 1) continuous contact with the state; or 2) the transactions or occurrences giving rise to the lawsuit arose in that state. If doesn't sound like 1) applies to you, but 2) may, if, for example, you used the Discover Card in Georgia or maintained your account there.

Either way you should answer the lawsuit to be safe. If you don't answer, the best case scenario is that they obtain a default judgment which will appear on your credit report until you take some legal action to set it aside. It is best to appear now and answer the suit.

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An attorney probably ran your name through the Georgia DMV/BMV office and pulled your address from your driver's license. If you did not surrender your GA driver's license to the State of California and obtain a California driver's license, then GA has personal jurisdiction and in many states you may still be classified as a GA resident. Not only that, but living in CA with GA driver's license lengthens the GA SOL by that amount of time.

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Actually, I have never had a Georgia License and never been a resident of Georgia or lived in Georgia. I just use to have my mail/bills Discover Card statement sent to my son's address in Georgia. My house and drivers license are in california. Discover card has my California address, but I guess never forwarded it the CA/attorney. Should I respond to the summons?

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