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Permanently overseas and likely to be sued - Do I contact the CA or the law firm?


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I received a "Notice of Intent of Legal Action" from Kenosian and Miele, LLP but I no longer reside in the states or have assets there. I've been given until 1/26/19 to respond. Should I contact the CA, the law firm handling the case, or the OC to inform them that I am living overseas for the foreseeable future? Is a phone call/email enough or do I need to find a way to send a CMRR?

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  • 4 weeks later...

If the plaintiff thinks you are evading service, they can ask the court to use a process called alternative service such as mailing the complaint and summons to your last known address and/or putting the complaint and summons in your local newspaper and that has the same effect as being served.

That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA.

Also, realize that if you leave the USA before the SOL has expired, the SOL on the debt is tolled until you return.

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3 hours ago, WhoCares1000 said:

...

That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA.

...

I contacted the attorneys office, as per your advice, before the January 26 deadline. I have yet to hear a response from them so I am keeping my fingers crossed. Thank you again for your time and help.

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  • 3 weeks later...

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