What to do if I moved from one state to another 2months ago and 5 days ago a small claims was filed in my former statefor an unpaid credit card?
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What to do if I moved from one state to another 2months ago and 5 days ago a small claims was filed in my former statefor an unpaid credit card?
The summons has my old address on it so they clearly don’t realize I don’t live there anymore. Can they still proceed with the court filing there even though I relocated long before the filing?
Asked on December 6, 2011 under Bankruptcy Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have moved out of state recently and subsequent to your move a small claims court action was filed against you in your former state, you have the option of filing a motion to change venue to the county and state where you now reside or file and answer to the complaint and defend yourself.
Most likely if you file a motion to transfer venue, the motion will be denied because the debt that you are being sued for arose when you were a resident of your former state. From what you have written the location where the small claims court action is located is probably proper.
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