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03-26-2007, 07:15 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 2
| | | Canadian Judgment in Texas?
Texas
I am a Canadian Citizen. I am currently living in Texas and am a Permanent resident. My Canadian Bank is threatening to sue me with Texas lawyers and based on Texas laws. Is This even possible for a Canadian bank to do? |
03-26-2007, 07:38 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,069
| | | If a Texas judge believes Texas law applies to a Canadian debt, yes you can be sued. Actually the law is not on your side, US law allows creditors to sue wherever the debtor resides regardless of where the debt was generated.
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03-26-2007, 07:46 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 2
| | | Okay thats fine, the Bank was telling me that that was the step they were going to have to take, when i asked him the next step he couldn't give me any information, times, dates, lawer info, nothing. Is this more of a threat than anything? for an amount of $5000 do banks generally go through this much? |
03-26-2007, 10:08 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,348
| | Quote: |
when i asked him the next step he couldn't give me any information, times, dates, lawer info, nothing.
| When someone is threating to sue you, do not expect them to jump through hoops to answer every question you ask. They are not legally required to tell you anything. They are only required to give you a subpoena when the case is filed.
If you want them to answer your questions, try asking, "Where should I send the check to?" Quote: |
for an amount of $5000 do banks generally go through this much?
| They have sued over much less. The question is how likely will they be able to get money out of you once they get a judgment. Do you have any income or assets? |
03-26-2007, 10:37 PM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,069
| | Quote: |
for an amount of $5000 do banks generally go through this much?
| Besides the 5 g's, they can add on attorney's fees and court costs. It could conceivably push the amount owed to over $7,000.
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