Georgia resident sued in VA..by another GA resident..??

[duie20]

What is the name of your state (only U.S. law)? Georgia

A woman is threatening to serve me with a warrant in debt in VA Beach District Court for half of costs associated with a pregnancy termination done in VA in April of 2012, court costs, mental anguish, medications, and travel costs..estimated $5000. Her words: "I am going to file a warrant in debt on you since you refuse to own up like a man and take responsibilities." She claims that we had a discussion that I would pay half the cost of the procedure, which is absolutely false. Furthermore, there is no proof of paternity associated with the pregnancy she was claiming. Note: I am a Georgia resident, and so is she. She previously lived in VA, however, prior to Jan of 2012. The "relationship" though, didn't occur in VA. I have only passed through VA once, haven't conducted any business, and have NO ties there, whatsoever. She insists jurisdiction is valid, but from what I understand, the state of VA holds no such jurisdiction on me. Additionally, whether this may be beneficial to my defense if it comes to that, she is currently involved in a very heated divorce and lawsuit with her husband,(yes, she was married, although she told me she was separated at the time of the "relationship), and involved in another lawsuit with her ex-neighbor from VA. Please, any advice, information, and opinions regarding this situation would be greatly appreciated.

 

[justalayman]

what's to say? If she actually follows through with filing a suit, respond to it with your defense which first on the list would be that the court does not have personal jurisdiction over the defendant. After that, you can get into the lack of proof you are a proper defendant (no proof of paternity and unless dna was preserved, she can't prove it)

 

[las365]

I don't even think paternity has anything to do with it, unless Virginia has some law that says a man whose sperm fertilized an egg is financially responsible for half the cost of an abortion (or prenatal care, or delivery).

If, in the proper jurisdiction, she could prove that he promised to pay and then reneged, I suppose she might prevail (even though I'm not really seeing consideration that would make it a contract).

Ain't no way she would ever get money for mental anguish in this scenario, no matter what. IMHO.

 

[duie20]

Well, my whole thing was trying to figure out how jurisdiction could be enforced to begin with. I mean, how can an individual even properly serve a summons like this to an out of state resident? From everything I've read, there's basically no way VA could have such against me. Again, I have ZERO ties there, at all. I never promised to pay anything, plus, I still have an email from her admitting " (my name), you have no financial obligation at all. You haven't offered to help with this..." This email was 2 days prior to the procedure so she knew going into this, that she was making the financial decision on her own. That's the way I see it, anyway. One other thing, in another email I received, she was claiming to subpoena my ex-wife(who has absolutely nothing to do with this, whatsoever) for lack of support to support her case. (Lack of emotional support is what my ex-wife claimed was the demise of our marriage over a year ago)

 

[las365]

Stop worrying. Stop all communications with this woman. If you get served, come back and get specific help.

Right now, there is nothing for you to do. It doesn't help you to speculate or try to prepare for what is likely to never occur.

 

[duie20]

Oh yeah, I know I could be possibly worrying for nothing. It's still stressful because of the thought of it all. I have better things to do, I'm a single parent with primary physical custody of my 4 yr old son, and the thought of it potentially taking away time from him, and negatively affecting him in some way infuriates me, and there's nothing I can do about it right now. Communications actually ceased with her 2 weeks ago. I am receiving these emails and texts through a mutual friend who is equally sick and tired of her BS..especially after she told this friend to choose friendship between me or her. It's all quite ridiculous, actually.

 

[swalsh411]

If you are not prepared to deal with the possibility of pregnancy then make better choices. It sounds like this lawsuit threat is without any teeth but maybe the experience will help you think with the head on your neck next time. Abortions are no joke.