healeys
[Top] [All Lists]

Re: help out a healey owner(legal advice)

To: GSFuqua1@aol.com, davidwjones@cox.net, Wesp11@aol.com,
Subject: Re: help out a healey owner(legal advice)
From: Awgertoo@aol.com
Date: Sat, 19 Feb 2005 23:17:16 EST
Mark asked:  

"how the heck can someone make a false claim and force you to travel a couple 
thousand miles! any opinions?"
---------------------------------------------------------------------
Mark--

I assume that you have been paid in full, in which case he is the one with 
the problem, not you.

Assuming that you are served with papers, read the summons carefully and 
follow the instructions to the defendant (that's you).  Be sure to set forth in 
a 
sworn response or affidavit that you are not a resident of the state in which 
the action is taking place and that the entire transaction took place outside 
the state, challenging the Court's jurisdiction over both the matter and your 
person.  Send your response to him and the Court via Certified Mail.  You may 
get lucky and the Judge may dismiss the claim.

In any case, a judgment against you in the "other" state will be of no 
practical worth to him assuming you own no property in that state against which 
he 
can levy.  In order to enforce the judgment in your state he would have to "sue 
on it" in your state to make it a valid judgment upon which he could collect, 
then bring proceedings to levy upon it.  It's pretty unlikely that he will do 
that from the way things sound.

BTW, my legal advice may be worth only what you paid for it, but good luck.
Best--Michael Oritt, 100 Le Mans




<Prev in Thread] Current Thread [Next in Thread>