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Can a Bank File a Lawsuit in Small Claims Court

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  • 10-26-2015, 09:44 AM
    loanproblems
    Re: Can a Bank File a Lawsuit in Small Claims Court
    I'm asking.

    What should be done? Is it likely to be sued for 1000

    If the a lawsuit was filed in Arizona, wouldn't they have to move it to my local court since state laws are different?
  • 10-26-2015, 10:47 AM
    adjusterjack
    Re: Can a Bank File a Lawsuit in Small Claims Court
    Quote:

    Quoting loanproblems
    View Post
    For a $1000 dollar debt, is it likely for them to first initially file the case, then after dismissal, file it again, and then take me to court?

    Yes, quite likely. What you are missing here is that this is a bank suing you for either a loan or a credit card default and the contract almost certainly has an attorney fee provision that would require you to pay the bank's attorney fees if you lose. Those fees get added to the judgment and your $1000 debt could easily end up $2000 to $5000 depending on how much work you make their attorney do.

    Quote:

    Quoting loanproblems
    View Post
    If the case is transferred to Texas...Does the Texas wage garnishment law still apply?

    Yes.

    Quote:

    Quoting loanproblems
    View Post

    When you ask for dismissal does new living location have to be told?

    Yes.

    Quote:

    Quoting loanproblems
    View Post
    Suit in Arizona. Live in Texas. Can't be summoned if I don't live there...

    If you were sued and served in Arizona then you have already been "summoned" no matter where you live now and there's a good chance that the Arizona court would allow the case to proceed there.

    Quote:

    Quoting loanproblems
    View Post

    What should be done? Is it likely to be sued for 1000.

    If the a lawsuit was filed in Arizona, wouldn't they have to move it to my local court since state laws are different?

    Both questions have already been asked and answered.
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