Small claims court

[doitsu]

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

I live in NC and have been told I am going to be sued in small claims court in GA.

Does this mean I have to travel to GA?

I would think, correct me if I am wrong, that they would have to travel here to NC to file the suit

DL

 

[JETX]

I live in NC and have been told I am going to be sued in small claims court in GA.

Does this mean I have to travel to GA?

I would think, correct me if I am wrong, that they would have to travel here to NC to file the suit

They can file in their court... you can then file a motion to dismiss challenging their filing in that court. The court will hold a hearing where both of you can present your evidence as to what court has jurisdiction. The court will decide.

 

[doitsu]

Can you be more specific please?

If they file in their court, do I then file in my court for dismissal?

And which court decides?

I am physically unable to travel to GA

DL

 

[racer72]

If they file in their court, do I then file in my court for dismissal?

"Your" court had nothing to do with this. Only the court where the action was filed can make any rulings. I have successfully had small claims court lawsuits dismissed without appearing, my answer to the lawsuits was that the court where the lawsuit was filed does not have jurisdiction in the case and that any legal action would have to take place in my home state. You need to determine if the court in Georgia has jurisdiction. Another thing to consider is if the person suing you was to obtain a judgment in Georgia, how will this person collect from you. Do you have any assets in Georgia that could be siezed? If you have nothing in Georgia, the only way for the person to collect will involve domesticating the judgment in your home state. This means the person suing you will have to travel to your state and basically file a whole new lawsuit against you. You could then present your defense, if you have one.

 

[JETX]

This means the person suing you will have to travel to your state and basically file a whole new lawsuit against you. You could then present your defense, if you have one.

You were correct.... until this. A domestication lawsuit usually does NOT require attendance by the judgment creditor. Simply filing a copy of the original state judgment and an affidavit (with filing fees) is sufficient to get a 'new state' judgment.
The judgment creditor is noticed of the lawsuit by that states laws (usually by mail) and is given the opportunity to explain why the original judgment should not be recognized. There is NO re-hearing of the evidence. The original judgment itself is usually sufficient.

In North Carolina:
The State of North Carolina generally adopts the Uniform Enforcement of Foreign Judgments Act. (§ 1C-1701, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of North Carolina. (§ 1C-1702(1).)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment, and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor, and stating that the foreign judgment is final, that it is unsatisfied in whole or in part, and setting forth the amount remaining unpaid on the judgment. (§1C-1703(a).) The judgment creditor is required to serve upon the judgment debtor a notice of filing of the foreign judgment and affidavit, attaching copies of these documents thereto, and file a proof of service of the notice in accordance with Rule 4(j) of the Rules of Civil Procedure of North Carolina. The notice must set forth the name and address of the judgment creditor, his attorney if any, the clerk's office in which the foreign judgment is filed, that the judgment attached to the notice has been filed in that office, and that the judgment debtor has 30 days from the date of receipt of the notice to seek relief from the enforcement thereof. The notice must also state that if the judgment is not satisfied within that 30 days period, it will be enforced in the same manner as a judgment of the State of North Carolina. (§1C-1704(a) and (b).) A judgment so filed has the same effect and is subject to the same defenses as a judgment of the State of North Carolina and may be enforced or satisfied in like manner. (§1C-1703(c).)

 

[doitsu]

I am sorry, can you break that all down into layman's terms for me please?

DL

 

[racer72]

I am sorry, can you break that all down into layman's terms for me please?

DL

Answer some question first, it will make it much easier to give you the answers you need.

1. Why does this person want to sue you?

2. Where this happen?

3. How long ago did this happen?

 

[doitsu]

She did some web design for my business 2 years ago on a barter basis. And now 2 years later claims I still owe her.

She is in GA and I am in NC