Out of State Small Claims

[robotdog85]

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

I live in Massachusetts and I am being sued by an ex-girlfriend in Maryland. We dated for over a year and I was supposed to move to Baltimore with her at the end of last summer. However, due to various fights and issues between us I broke up with her a week before the move and left the apartment that we shared. I took the majority of my things and she had to move her own stuff, for which she hired movers. As a result, she is suing me for the cost of the movers, the truck and the fuel costs for her move back to Maryland which came close to 1500 dollars give or take. Now my question is this, because I am being sued in Maryland what happens if I don't show up for the court date? I have never lived in that state and don't have any assets there. So even if there is a judgement against me, can she still collect? Thanks.

 

[racer72]

A Maryland judgment is worthless in your state. In fact, Maryland may not even have jurisdiction over the case if you lived together in Massachusetts. Your answer should be that the court in Maryland has no jurisdiction over the case and it should be dismissed with prejudice.

 

[Ohiogal]

Isn’t that statement excessively peremptory in view of Article IV Section 1 of the United States Constitution?

And Section 23A of the Massachusetts General Laws pertaining to JUDGMENT AND EXECUTION MONEY-JUDGMENTS OF FOREIGN STATES?

Moreover, the guest must proceed cautiously in making any appearance in the Maryland court case other than a special appearance, lest he inadvertently submits himself to in personam jurisdiction.

Unless he’s disposed to expend the time and resources, my suggestion is that he do nothing with respect to the Maryland case - and wait until the ex girlfriend receives a judgment (should it be granted) and attempts to enforce it in Massachusetts and then raise the issues of lack of personal jurisdiction.

However since she will not be able to produce a return of service showing that the defendant was served in Maryland nor truthfully testify that he ever engaged in any “business transactions” in that state to trigger the state's "long arm" statute, I doubt that the Maryland court is going to grant her a judgment.

By doing nothing he is consenting. This "advice" will cause him a lot of legal issues. He needs to respond to any judgment in a limited manner. He can respond by stating he is NOT consenting to the jurisdiction of Maryland and that Maryland has no jurisdiction over the case. You are betting on someone else's money> And how do you know she will not be able to produce proof of service? He knows he is being sued in Maryland so my guess is he is served.