Live in AZ, sued by a company in FL and i cant go fight case, was denied a change in venue, they were issued a default judgement against me, can they get to my wages or acct since i reside in AZ?
2007-10-10 04:31:59 · 7 answers · asked by mwright555 1 in Politics & Government ➔ Law & Ethics
Lisa's very close to the mark. Leaving aside the jazz about change of venue, the company that sued you would need, first, to convert the small claims judgment into a judgement in a Florida court of record, typically District Court (this costs about $100 to do). Then they need to obtain a transcript of judgment (about $25), have it officialized (a big hairy version of certification, costing about $250) and then try to domesticate it in Arizona. I domesticate judgments for people but only with a $2500 deposit up front: it's not mechanical or quick or easy. You must, under the federal constitution, be notified of the domestication attempt. If they just docket the judgment without notice to you, then you will need to bring a motion to vacate the judgment. If they bring a proceeding to domesticate it, you MUST appear in the action and oppose it, or it will become an Arizona default judgment, and you are screwed.
You would oppose domestication on two grounds. First, it's a default judgment, one you could not fight in Florida because you have no contacts there. Second, you have a good defense to the claim. You need to explain your defense because if you don't have a defense, then the court would say that you should pay the judgment, and they won't go thru the dance to allow you to fight the case in Arizona "on princple." Third, do not forget to raise the defense that the Florida court did not have jurisdiction over you. If you can't afford an attorney for this, then you must at least read the case of International Shoe v. Washington, 326 U.S. 310 (1945). (That means the case is reported in volume 326 of "US Reports," the series that publishes US Supreme Court decisions.) Google the case, too, to read commentaries (some good, some that might have been written by wannabe trolls like you know who :-) about the subject of personal jurisdiction.
Good luck.
2007-10-10 05:10:39 · answer #1 · answered by Anonymous · 1⤊ 0⤋
FL company may be able to get a "sister state" judgment by certifying the FL judgement with the county in which you reside in AZ, then get to your wages or account. This may be costly and not worth the expense for them. I'm surprised to hear that you got sued in FL instead of in AZ, but maybe it was on a contract with the plaintiff that any suits would be held in FL only.
Good luck. If you get the idea that the company will pursue you in AZ, then don't keep all your money in one place! (bank) I'm warning you!
2007-10-10 05:08:36 · answer #2 · answered by Shell Answer Man 5 · 0⤊ 0⤋
Do you have contacts with Florida? I'm suprised they could exercise personal juridsdiction over you. You should have file a motion to dismiss based on no Personal Jurisdiction not a motion for change of venue. You asking for a change of venue means you basically agreed they had personal jurisdiction but you felt that Arizona would have been a better forum. I guess we need to know more and you should talk to an attorney. You can't sue someone in a state they've never been to or wouldn't have any reason to believe they could get hauled into court there.
2007-10-10 04:47:38 · answer #3 · answered by Eisbär 7 · 1⤊ 0⤋
Dont understand why the court wont prosecute?? I was in the same boat over a car mechanic. he had to pay me £500 within 7 days, he didnt and the court sent the bailiff round who got my money. If no joy, do his van in! Spray it with gloss paint and see how much work he gets then! Slash the tyres and brick his windows!! Ooooh I am so mad now I could do it myself!! Get someone else to do it and make sure you have an airtight alibi!
2016-05-20 23:20:22 · answer #4 · answered by ? 3 · 0⤊ 0⤋
To expand on Sensible, the process you can expect is for a demand letter from the winner. You either ignore it, make arrangements for payments or pay it off.
If you ignore it or refuse to pay, then after 30 days the winner will file for a lien against assets and that includes your bank account.
Also, every penny owed can be increased by 11% interest in Florida.
2007-10-10 04:44:47 · answer #5 · answered by hexeliebe 6 · 0⤊ 1⤋
Small Claims judgments are hard to collect on. They may go through a Civil Court and start placing liens and garnishments on you wages though. Your credit can also be trashed.
2007-10-10 04:40:30 · answer #6 · answered by sensible_man 7 · 1⤊ 0⤋
yes. if they know what they are doing. they can also cross intl borders.
2007-10-10 04:41:45 · answer #7 · answered by CCC 6 · 0⤊ 1⤋