Debt collection from an out of state judgment

[Andy000]

I live in California and a small claims case was filed against me in Michigan from an online sale. I have never lived or been to this state. The cost to properly defend myself in court
would far exceed the cost of the case. I tried working with the court to defend myself via phone calls, letters, emails, etc.. but in the end I lost the case due to nonappearance default.

I understand that there are rules and regulation about filing small claims in the county of the defendant due to unreasonable burden because of the low dollar amount. However, this court
doesn't have this rule or regulation.

So now I owe money to the plaintiff, what is the legal jurisdiction this judgment in Michigan has on me in California? If I'm reading correctly California has not adopted the UEFJA and
the judgment has to be domesticated in California to be enforced.

What are the requirements to domesticate this judgment in California?
Is the plaintiff required to physically appear in court so start this process?
And what legal rights do I have to defend myself regarding this claim in California since I never had the opportunity to defend myself in Michigan without undue burden of cost?

Thank you in advance for your assistance.

 

[adjusterjack]

What are the requirements to domesticate this judgment in California?

Here's the statute from the CA Code of Civil Procedure:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=11.&part=3.&chapter=2.&article=

Here's a summary that I found online:

Under the SSMJA, a money judgment obtained in another state may be filed with a California court, and a California judgment is entered immediately. Once served on the judgment debtor, it becomes enforceable, and a writ of execution is generally issued.
After service of the judgment, the judgment debtor has 30 days to file and serve a motion to vacate the judgment. But the judgment may only be vacated upon certain specified and proven grounds: (1) the sister state court (that entered the judgment) lacked either subject matter or personal jurisdiction over the defendant; (2) there is an appeal of the judgment pending in the sister state; (3) the sister state court has granted a stay of enforcement, or (4) there is a motion to vacate the judgment pending in the sister state.

Is the plaintiff required to physically appear in court so start this process?

Probably not.

And what legal rights do I have to defend myself regarding this claim in California

See the statute.

 

[justalayman]

I tried working with the court to defend myself via phone calls, letters, emails, etc.

You do not address an issue in the courts through phone calls, letters, or emails. You address the issue through proper court filings.

You may have had a valid argument as to improper venue or lack of personal jurisdiction. It’s too late to make such an argument now so there is no sense in discussing the specifics.

I am curious as to how you were served.

And how long ago was the hearing?

Actually based on the California law addressing domestication of the judgement, juridiction may still apply.

What was the original dispute involving?

 

[Andy000]

Thank you both for your replies and information.

The dispute was over a rebuilt carburetor I purchased online. I installed it and everything looked fine. The next day my garage smelled of gasoline and I notice a pool of fuel under my motorcycle, which was from a leak from the carburetor. I requested a refund, but the merchant stated they don't offer refunds since he has spent money rebuilding it and couldn't recover the costs. So I disputed the charge with my credit card company. I won the dispute since the merchant would not return the calls from the credit card company, which was back in June of last year.

A couple of months ago I received a certified mail of the small claims suit. I contacted the court and explained my situation, I live in California, and I wrote a letter to the Magistrate about the situation and my willingness to work on resolving this case, e.g. returning the defective carburetor. The clerk I spoke to, stated that the Magistrate said to send back the carburetor and provide proof, which I did. Than on the review hearing, I don't know what exactly was discussed with the plaintiff and the Magistrate but lost do to a nonappearance default, which was last week.

 

[LdiJ]

Thank you both for your replies and information.

The dispute was over a rebuilt carburetor I purchased online. I installed it and everything looked fine. The next day my garage smelled of gasoline and I notice a pool of fuel under my motorcycle, which was from a leak from the carburetor. I requested a refund, but the merchant stated they don't offer refunds since he has spent money rebuilding it and couldn't recover the costs. So I disputed the charge with my credit card company. I won the dispute since the merchant would not return the calls from the credit card company, which was back in June of last year.

A couple of months ago I received a certified mail of the small claims suit. I contacted the court and explained my situation, I live in California, and I wrote a letter to the Magistrate about the situation and my willingness to work on resolving this case, e.g. returning the defective carburetor. The clerk I spoke to, stated that the Magistrate said to send back the carburetor and provide proof, which I did. Than on the review hearing, I don't know what exactly was discussed with the plaintiff and the Magistrate but lost do to a nonappearance default, which was last week.

If you were sued in a small claims court that was not were you live, then your mistake was doing anything other than asking for the case to be dismissed due to lack of jurisdiction. You basically accepted the other state's jurisdiction by working with them at all.

 

[Andy000]

Thanks everyone for your help and replies.

 

[Litigator22]

Here's the statute from the CA Code of Civil Procedure:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=11.&part=3.&chapter=2.&article=

Here's a summary that I found online:





Probably not.



See the statute.

 

[PayrollHRGuy]

While @Adjustorjack provides great advice I can see no reason to simply quote them in the same thread where gave the advice in the first place.

 

[adjusterjack]

While @Adjustorjack provides great advice I can see no reason to simply quote them in the same thread where gave the advice in the first place.

Huh?

Where was the advice posted before I posted links to actual resources?

 

[PayrollHRGuy]

Look at post # 7

 

[Zigner]

Huh?

Where was the advice posted before I posted links to actual resources?

New user Litigator22 quoted you without adding anything.

 

[Litigator22]

Here's the statute from the CA Code of Civil Procedure:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=11.&part=3.&chapter=2.&article=

Here's a summary that I found online:





Probably not.



See the statute.

Your response is grossly misleading!

First you have erroneously directed the OP to an inapplicable section of the California Code of Civil Procedure pertaining to domesticating a judgment from a foreign country and not one issued by a sister state as covered by the Code beginning with Section 1710.10.

Secondly your quotation purporting to set forth the limited grounds for vacating a judgment entered from a sister state is incorrect and contradictory of the Code which provides as follow:

"A judgment entered pursuant to this chapter may be vacated ON ANY GROUND which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect. (Emphasis added) (See: Cal. CCP Section1710.40 (a)

Lastly you have falsely given the OP to believe that under the circumstances as herein reported that a writ of execution could be issued immediately upon the entry of the sister state judgment, WHEREAS the Code provides that (except for exigencies and circumstances not present here) such a writ shall not be issued nor the judgment enforced by any other means until at least 30 days after the judgment debtor has been served with the notice of entry of the judgment. (See: CCP Sec. 1710.45)

 

[Litigator22]

I live in California and a small claims case was filed against me in Michigan from an online sale. I have never lived or been to this state. The cost to properly defend myself in court
would far exceed the cost of the case. I tried working with the court to defend myself via phone calls, letters, emails, etc.. but in the end I lost the case due to nonappearance default.

I understand that there are rules and regulation about filing small claims in the county of the defendant due to unreasonable burden because of the low dollar amount. However, this court
doesn't have this rule or regulation.

So now I owe money to the plaintiff, what is the legal jurisdiction this judgment in Michigan has on me in California? If I'm reading correctly California has not adopted the UEFJA and
the judgment has to be domesticated in California to be enforced.

What are the requirements to domesticate this judgment in California?
Is the plaintiff required to physically appear in court so start this process?
And what legal rights do I have to defend myself regarding this claim in California since I never had the opportunity to defend myself in Michigan without undue burden of cost?

Thank you in advance for your assistance.

 

[HighwayMan]

What is the point of quoting the posts of others without comments???