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Sued by a JDB in a state I don't reside in


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I'm being sued by a JDB in a state I don't reside in. I have a virtual mailbox in that state but no residence/business premises etc.

JDB has filed with the court a Proof of Service Substitute and an Affidavit/Declaration Mailing.

How do I get a copy of these documents filed with the court?

Should I file Motion to Dismiss for lack of jurisdiction or for improper service?

I have never been sued before and am finding this a bit daunting.

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2 hours ago, DeliriousKitty said:
 

I'm being sued by a JDB in a state I don't reside in. I have a virtual mailbox in that state but no residence/business premises etc.

JDB has filed with the court a Proof of Service Substitute and an Affidavit/Declaration Mailing.

How do I get a copy of these documents filed with the court?

Should I file Motion to Dismiss for lack of jurisdiction or for improper service?

I have never been sued before and am finding this a bit daunting.

We need more information.  

1. Is this for a credit card debt?

2. Who is the original creditor?  Who is the JDB?

3. What kind of court were you sued in?  Small claims? Magistrate? Circuit Court? etc.  

4. What state do you live in, and what state were you sued in?

5. Did you live in the other state when you took out the credit card, assuming it is a credit card?

6. Did you list the virtual address in the other state as your address when you took out the card?

7. Did you have bills sent to the virtual address in the other state?

 

 

As to how you can see the records -- 

There are several ways. 

Court records are public in just about every place in the US.  You can drive to the court and look at the records.

You could also call the attorney and request that they send you copies of everything,  Maybe they will, maybe they won't.

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1 hour ago, BackFromTheDebt said:

We need more information.  

1. Is this for a credit card debt?

Yes.

2. Who is the original creditor?  Who is the JDB?

Synchrony Bank.  LVNV Funding.

3. What kind of court were you sued in?  Small claims? Magistrate? Circuit Court? etc.  

Circuit Court.

4. What state do you live in, and what state were you sued in?

I lived in Ohio but am currently overseas. I am being sued in Oregon.

5. Did you live in the other state when you took out the credit card, assuming it is a credit card?

No. I have never lived in Oregon.

6. Did you list the virtual address in the other state as your address when you took out the card?

No.

7. Did you have bills sent to the virtual address in the other state?

Yes.

 

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Well, this is way over my head. 

Since you had the bills sent to an address in Oregon, the courts there might or might not have jurisdiction.  

Also, what happens when you are sued while living overseas is way beyond my expertise.  Here are some answers from some actual attorneys:

https://www.avvo.com/legal-answers/can-a-us-citizen-be-successfully-sued-in-a-us-cour-1848699.html

I cannot give legal advice.  If I were in your shoes, I would at least consider finding the equivalent of a Notary Public, and sending a statement to the court, copying the other side's attorney, that you are living abroad, you never lived in Oregon, and that you were never served with the lawsuit, and you have never seen the documents of the suit.  File a motion to dismiss, without prejudice.  

If you get a default judgment against you, then you will have to seek to have it removed when and if you return to the US.  

BUT -- the SOL is tolled while you are abroad.  You can be sued when you return to the US, even if you are outside the US past the 6 years SOL (in both Ohio and Oregon).  So if you spend 7 years abroad, in effect the SOL is now 13 years.  

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4 hours ago, BackFromTheDebt said:
Well, this is way over my head. 

Since you had the bills sent to an address in Oregon, the courts there might or might not have jurisdiction.  

Also, what happens when you are sued while living overseas is way beyond my expertise.  Here are some answers from some actual attorneys:

https://www.avvo.com/legal-answers/can-a-us-citizen-be-successfully-sued-in-a-us-cour-1848699.html

I cannot give legal advice.  If I were in your shoes, I would at least consider finding the equivalent of a Notary Public, and sending a statement to the court, copying the other side's attorney, that you are living abroad, you never lived in Oregon, and that you were never served with the lawsuit, and you have never seen the documents of the suit.  File a motion to dismiss, without prejudice.  

If you get a default judgment against you, then you will have to seek to have it removed when and if you return to the US.  

BUT -- the SOL is tolled while you are abroad.  You can be sued when you return to the US, even if you are outside the US past the 6 years SOL (in both Ohio and Oregon).  So if you spend 7 years abroad, in effect the SOL is now 13 years.  

How does the court determine if I was correctly served via substitution if I do not respond? Do they just issue a dafault judgement against me when the time to respond expires?

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The probably requested the court allow substitute service because they could not serve you in person (surprise, surprise) and the court gave them the conditions for substitute service (such as mailing the summons and complaint to your last known address and printing the summons and complaint is a newspaper in the area designated by the State to do legal notices). Once the conditions are met, the countdown starts on the date that the conditions were met and once they run out, either the defendant will have answered or the plaintiff will get a default judgement.

Now, if you have no assets in the State of Oregon (or with any business such as a bank that does business in Oregon), they will not be able to collect. If you have assets in another state, the can export the judgement to that state. If you have no assets in the USA, there will be no way they will collect and the judgement will sit as unsatisfied.

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