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  1. #11
    Join Date
    May 2018
    Posts
    189

    Default Re: Can You Be Served With a Court Summons by Email

    There are tests to determine which state has jurisdiction and you should look into that.

    For example, if the transaction/contract took place in Utah, or you've never been to the jurisdiction from whence the suit was filed, etc, you may have a solid jurisdiction argument and enough so you could laugh at that court's judgment and then force the plaintiff to come to your court upon it being found the judgment carries no legal force.

    Then his option would be to present the case and its merits in your court's venue.

    If the Utah court appears to have jurisdiction only due to your opposition filing there, and you haven't raised the jurisdictional argument perhaps you may be certain that Utah's jurisdiction lacking judgment may truly carry no force of law in California.

    Most likely honoring the out of state judgment and Utah's Long Arming you will require a Triple Act of Congress, or similar for California to honor a Utah judgment which could get into Full Faith and Credit arguments that you might have a good chance of winning depending on the facts.

    Maybe I'm completely wrong and if so, you've got some terms to research if nothing else.

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    238

    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting KK1968
    View Post
    If the Utah court appears to have jurisdiction only due to your opposition filing there, and you haven't raised the jurisdictional argument perhaps you may be certain that Utah's jurisdiction lacking judgment may truly carry no force of law in California.

    Most likely honoring the out of state judgment and Utah's Long Arming you will require a Triple Act of Congress, or similar for California to honor a Utah judgment which could get into Full Faith and Credit arguments that you might have a good chance of winning depending on the facts.
    According to the Uniform Code, CA is not a member state that has adopted it.

    http://www.uniformlaws.org/Act.aspx?...udgments%20Act

  3. #13
    Join Date
    Oct 2014
    Posts
    7,429

    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting KK1968
    View Post
    There are tests to determine which state has jurisdiction and you should look into that.

    For example, if the transaction/contract took place in Utah,
    If the transaction that is the subject of the dispute took place in Utah that's going to be a good basis for Utah to assert jurisdiction, so that would not be helpful to the OP.



    Quote Quoting mjpayne, post: 3589995, member: 689582
    If the Utah court appears to have jurisdiction only due to your opposition filing there, and you haven't raised the jurisdictional argument perhaps you may be certain that Utah's jurisdiction lacking judgment may truly carry no force of law in California.
    If you appear and contest the case in that state and don't challenge jurisdiction you concede juridiction and can't then contest that issue later.

    If you think the state doesn't have jurisdiction you do one of two things, depending on the laws of the state where the case is pending: (1) simply don't respond at all, i.e. don't file any answer, responsive pleading, or motion in that court or (2) if the rules of that state allow you to appear solely to challenge jurisdiction then you may choose to do that.


    Quote Quoting mjpayne, post: 3589995, member: 689582
    Most likely honoring the out of state judgment and Utah's Long Arming you will require a Triple Act of Congress, or similar for California to honor a Utah judgment which could get into Full Faith and Credit arguments that you might have a good chance of winning depending on the facts.
    The U.S. Constitution requires that states give full faith and credit to the judgments of other states. It is not difficult for a judgement creditor to take a judgment domesticated in one state and domesticate it in another. In California, the judgment creditor files the out of state judgment in the superior and makes certain attestations regarding the judgment. The court clerk then must record the judgment. The judgment creditor serves the debtor with notice of the judgment, and then the debtor has 30 days to move to vacate the judgment. The debtor must show grounds to vacate the judgment just as he or she would to vacate a California judgment. One of those grounds would be to show that the sister state did not have jurisdiction to render the judgment that it made. In deciding whether there was jurisdiction the California court would be applying the U.S. Constitution and Utah law, not California law.

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