Can I be sued and lose in small claims in a state where I no longer live?

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Can I be sued in small claims in a state where I lived for three weeks? I have since moved twice without forwarding my mail, and therefore have not received any papers. If they can sue me and win a judgement against me without me present, are my assets vulnerable?

Asked 11/18/2009 under Business | 136 View(s) | More Legal Topics

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Business Law Answers

A creditor may sue you in small claims court if they make valid service on you. Valid service on an instate resident generally requires in hand service.  Assuming that you are served and a judgment enters in a state that you no longer reside, the creditor will have to locate you in order to enforce it.  if the creditor does not know a forwarding address or where to find you, then it cannot enforce the judge, especially if it does not know which state you are in.  Judgments generally need to be domesticated in the state you reside and where your assets are to be enforceable. if the creditor locates your assets it may domesticate the judgment in the state where the assets are and execute on them to be paid.  Without the creditor know where these assets are, the assets wont be executed on.

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