DerryNews.com, Derry, New Hampshire

Opinion

April 10, 2014

About the Law: Moving out of state won't clear you

I moved out of state before the final hearing in a collection case. Will this mean the court doesn’t have jurisdiction against me anymore?

One of my credit cards sued me after I lost my job and couldn’t pay. I filed an answer because I did not want a default judgment. Now, I moved to Connecticut and the hearing is next month. Does that mean the court no longer has jurisdiction against me?

Your problem here is that by entering an appearance in a case, parties to litigation consent to the jurisdiction of the court. You’ve moved to another state, but the original jurisdiction does not change. You should make every effort to appear so that at that time you can present any defenses you have or work out a payment plan with the collection attorney on the best terms you can.

The other alternative is to seek a continuance ahead of time to a date you know you can make. Otherwise, judgment will enter against you for the full amount.

In terms of collection, if judgment enters against you here, then the credit card company would have to file a complaint on a foreign judgment in your new state. But, it’s highly likely they have attorneys there, too, and despite a slight delay, they can then proceed against you for the full amount. You will have no defenses as you essentially waive your day in court by not showing up here.

I had my deposition taken and I am pro se. What happens now? Do I go to the courthouse to get a transcript? How long does it take? What can I do if the transcript is not accurate? She was hired by the attorneys for the other side in the case.

Usually arrangements for mailing transcripts are made at the conclusion of the deposition while everyone is still present. No, you don’t go to the courthouse as depositions are not generally filed in court initially, barring unusual circumstances. If you didn’t get a business card from the stenographer who took the deposition, you’ll need to contact him or her to obtain a copy.

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