bigshooter Posted March 12, 2005 Author Report Posted March 12, 2005 Can the CA contact me regarding an out of state judgement even though they cannot take cannot enforce it in the state I live in? Is this a possible violation of some sort?
bigshooter Posted March 12, 2005 Report Posted March 12, 2005 Can the CA contact me regarding an out of state judgement even though they cannot take cannot enforce it in the state I live in? Is this a possible violation of some sort?
codename_fortyseven Posted March 12, 2005 Report Posted March 12, 2005 I think CA's can contact you about just about anything, debts in BK, out of SOL debts, etc...now, if you are 100% sure they can't do anything in your state, you can just send em a C/D and be done with it. If they proceed after that notice, then they are in violation. How do you figure they can't enforce it?
codename_fortyseven Posted March 12, 2005 Report Posted March 12, 2005 I think CA's can contact you about just about anything, debts in BK, out of SOL debts, etc...now, if you are 100% sure they can't do anything in your state, you can just send em a C/D and be done with it. If they proceed after that notice, then they are in violation. How do you figure they can't enforce it?
Broke Chick Posted March 14, 2005 Report Posted March 14, 2005 Check the Court filings! In EVERY Court district in the State!!Although the judgment was obtained out-of-state, they MAY have "domesticated" it in yours!! (i.e.: filing it with the Court in your own state.) Although you should have been notified of this happening, you may have never received it. And, if it is domesticated , the CA may have been hired to try to collect on it FIRST, so as to save the judgment creditor from having to incur the costs of obtaining and executing on a garnishment order (bank accounts/wages) or to obtain a Writ of Replevin ( execution on or repossession of personal property), or file a lien (real estate/automobiles/any property on which a security interest is desired).If you find that the judgement HAS NOT been domesticated, they might TRY to collect on it anyway, but, unless you place yourself under the jurisdiction of the state where the judgment was granted (by moving there, for example), they cannot use the Courts to enforce the judgment until and unless they DO domesticate it in YOUR STATE!!They may not have gone to the trouble!! CA's are notorious for their parsimonious ways with spending money--even if it would make them some!! (Scrooge couldn't do better!! ) Threats (and "phone drone" reps.), are cheap!!
Broke Chick Posted March 14, 2005 Report Posted March 14, 2005 Check the Court filings! In EVERY Court district in the State!!Although the judgment was obtained out-of-state, they MAY have "domesticated" it in yours!! (i.e.: filing it with the Court in your own state.) Although you should have been notified of this happening, you may have never received it. And, if it is domesticated , the CA may have been hired to try to collect on it FIRST, so as to save the judgment creditor from having to incur the costs of obtaining and executing on a garnishment order (bank accounts/wages) or to obtain a Writ of Replevin ( execution on or repossession of personal property), or file a lien (real estate/automobiles/any property on which a security interest is desired).If you find that the judgement HAS NOT been domesticated, they might TRY to collect on it anyway, but, unless you place yourself under the jurisdiction of the state where the judgment was granted (by moving there, for example), they cannot use the Courts to enforce the judgment until and unless they DO domesticate it in YOUR STATE!!They may not have gone to the trouble!! CA's are notorious for their parsimonious ways with spending money--even if it would make them some!! (Scrooge couldn't do better!! ) Threats (and "phone drone" reps.), are cheap!!
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