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  1. #1
    Join Date
    Sep 2007
    Posts
    6

    Default Warrant in Debt

    HI I am new to this site but it seems like you have lots of practical information.. and I could definitely use any good suggestions. Basically I currently live in California via 9 years in Washington DC and have an old debt that looks like it was sold to Midland Funding. Now MF are trying to collect the debt through a local Virginia legal team Pender and Coward at my parents house (that I have not lived at since 1997) in Virginia. Actually I have never lived at that address I lived an hour away at their old home.

    Since I travel I was just recently made aware that there was this collector out there trying to get my info but my parents have always told them the same thing and that is that I do not live at that location and have not for years. Now after being gone in Europe I see that (even after my parents turned away a summons by the sheriff!!!- NEVER SERVED- for not living there) have a civil "warrant in debt" case in a week in a state I have not lived at in over a decade, never had the original credit card in that state nor ever lived in the city in that state where the case is being brought. Speaking a little to Bud Hibbs he suggests not doing anything but I really dont want a default judgement but this is not legal at all..
    Also you should know my taxes I have filed reflect my new California residence my license is still in DC (which I am changing soon)

    What should I do ?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Warrant in Debt

    You can either hire a lawyer to assist you with challenging the jurisdiction in the other state's courts (you can do that without a lawyer, but I wouldn't suggest it) or you can object to any judgment judgment being registered in your state (should they attempt to later do that) on the basis that the court which issued the judgment did not have jurisdiction. Your lawyer should be able to further explain this to you.

  3. #3
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Warrant in Debt

    Quote Quoting Mr. Knowitall
    View Post
    You can either hire a lawyer to assist you with challenging the jurisdiction in the other state's courts (you can do that without a lawyer, but I wouldn't suggest it) or you can object to any judgment judgment being registered in your state (should they attempt to later do that) on the basis that the court which issued the judgment did not have jurisdiction. Your lawyer should be able to further explain this to you.
    Do you mean they cant legally do anything unless the judgement is issued in California where I currently live? Are you saying the best way to handle this would be see if anything shows up in California and if it does file that the court in Virginia was not legally able to file a judgement. Other than not living there I was never was actually served in Virginia my parents that live there turned away the sheriff telling the truth that I do not live nor ever lived at that residence.

  4. #4
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Warrant in Debt

    should I inform the court or the creditor that I am not in Virginia or should I just wait it out?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Warrant in Debt

    My assessment is as follows:
    Quote Quoting Mr. Knowitall
    View Post
    You can either hire a lawyer to assist you with challenging the jurisdiction in the other state's courts (you can do that without a lawyer, but I wouldn't suggest it) or you can object to any judgment judgment being registered in your state (should they attempt to later do that) on the basis that the court which issued the judgment did not have jurisdiction. Your lawyer should be able to further explain this to you.
    For counsel on what you should do, or whether you would inform the creditor where you are, I suggest you speak with your lawyer.

  6. #6
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Warrant in Debt

    Is a "default" judgement for a civil case only good for the state that is given? Since I am in Calfornia not Virginia does that judgement really mean anything? Can the state of Virginia try to garnish my accounts seeing as I am not in that state and have not been in over ten years

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Warrant in Debt

    Somebody can take a judgment from one state and register it for enforcement in another. If the subject of the judgment objects to registration, there will normally be a court hearing where that person can argue why the judgment should not be enforced.

  8. #8
    Join Date
    Sep 2007
    Posts
    6

    Default Re: Warrant in Debt

    How often do they transfer judgements over state lines? Is this a common practice

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