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Virtual/Economic Nexus and serving subpoena to out of state companies which have these Nexus instate.

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zddoodah

Active Member
Please answer the following questions:

1. In what state was your judgment entered?
2. How much is the judgment?
3. In what state(s) do you want to have the judgment domesticated?

Can I get my attorney to file the paperwork to domesticate a judgement out of state as long as he does not represent himself to be an attorney in any state he is not licensed in.
Your State X attorney cannot legally prepare paperwork to domesticate your judgment in State Y (unless he/she does so under the supervision of a State Y attorney). Your State X attorney can legally perform the ministerial task of filing papers that others have legally prepared to domesticate the judgment in State Y (e.g., your State X attorney may legally put papers that you have prepared and signed in the mail to a court clerk in State Y).

I would normally do it myself but don't want to make a mistake and lose my filing fee because of some technical error.
I'm not sure why you think you'd lose your filing fee, but your State X attorney knows no more about procedures in State Y than you do. If you want this done, you'll need to hire an attorney in State Y (or do it yourself). If you do it yourself and mess things up, you'll have opportunities to fix what you screwed up and resubmit.

I also don't want to have to hire 7 new attorneys in order to domesticate my lawsuit in 7 different states. However maybe that won't be as hard with these new subscription law firms that operate in multiple states .
Not sure what the bolded part means. There are lots of firms that have offices in multiple states. If you can find a firm that has offices in all of the states where you want to domesticate, that may save you some money, but you're still going to pay for a lawyer in each state where you want to domesticate the judgment.

Anyway, I may need an relatively inexpensive way to domesticate the judgement in a lot of states
The task of domesticating a judgment is not particularly expensive. Of course, if you multiply that cost by 7, then it starts to get more expensive, but there's no way to shortcut that.
 


Taxing Matters

Overtaxed Member
Can I get my attorney to file the paperwork to domesticate a judgement out of state as long as he does not represent himself to be an attorney in any state he is not licensed in.
Yes and no. The attorney cannot file the court documents himself/herself that are needed when domesticating a judgment if the lawyer is not licensed or otherwise authorized to practice in that state. However, the attorney could readily arrange for a law firm in that state to handle that stuff.

The legal system does not seem like it was design with individuals like this in mind with the ability to almost instantly move from state or state.
It has always been the case that some debtors are harder to collect from than others. When dealing with debtors with hard to find assets (or who just don't have many assets) a creditor has to decide how much money and effort is worth putting into trying to chase after that debtor.
 

quincy

Senior Member
The amount of the judgment can help determine how much time, effort and money you should expend on tracking down possible assets.
 

Hulu

Active Member
Please answer the following questions:

1. In what state was your judgment entered?
2. How much is the judgment?
3. In what state(s) do you want to have the judgment domesticated?


The " Subscription law firms that operate in multiple states . " are like these law firms which instead of billing the traditional way of hours instead will charge you a month subscription fee like streaming video service do then you get a certain amount of legal help included per month/year. Probably with intern lawyers probably right out of law school looking for experience. So probably ok for simple things but not complex issues I would think.

Supposedly, this method will get you a greater value then paying a traditional lawyer by the hour. One example is "Legal Shield" but there are others as well.

I have 0 experience with these services but was considering maybe signing up in order to get some basic legal service in multiple states to have them judgement domesticated in all the states this person has a connection to.

So either 1. Find assets and 2. Have subpoena honored by companies he does business with in those states to help locate assets.

When you domesticate a judgement, you are sort of like filing a case in another state asking them to accept your out of state judgement.

As long as there is an opportunity to fix any mistakes and not lose a filing fee and required to refile. Then maybe I could do it myself.

Thank you.






Your State X attorney cannot legally prepare paperwork to domesticate your judgment in State Y (unless he/she does so under the supervision of a State Y attorney). Your State X attorney can legally perform the ministerial task of filing papers that others have legally prepared to domesticate the judgment in State Y (e.g., your State X attorney may legally put papers that you have prepared and signed in the mail to a court clerk in State Y).



I'm not sure why you think you'd lose your filing fee, but your State X attorney knows no more about procedures in State Y than you do. If you want this done, you'll need to hire an attorney in State Y (or do it yourself). If you do it yourself and mess things up, you'll have opportunities to fix what you screwed up and resubmit.



Not sure what the bolded part means. There are lots of firms that have offices in multiple states. If you can find a firm that has offices in all of the states where you want to domesticate, that may save you some money, but you're still going to pay for a lawyer in each state where you want to domesticate the judgment.



The task of domesticating a judgment is not particularly expensive. Of course, if you multiply that cost by 7, then it starts to get more expensive, but there's no way to shortcut that.
1. UT
2. 50K+
3. I would need to review some information to compile a list. So far, there are a bunch of states around UT as well as a few spread out other places.

For example, say you use 50 small banks/credit unions in 50 different states and you are constantly transferring money from one account to another like some kind of musical chairs. How are you suppose to find those assets with a judgement only in 1 state.
What I know so far is that his travel, assets and business interest are spread out in multiple states. Each having a small piece of the puzzle.
There are some states he may not live in but does business with an online company who is only physically located in 1 states.
So apparently to get a subpoena, you will need a domesticated judgement in that company's state as well.

Hopefully, this better explains my situation.

Thank you .
 

zddoodah

Active Member
say you use 50 small banks/credit unions in 50 different states and you are constantly transferring money from one account to another like some kind of musical chairs. How are you suppose to find those assets with a judgement only in 1 state.
In the abstract, you hire a private investigator and/or conduct a judgment debtor exam.

Your judgment is for enough money that it's worth spending some money to try and collect. However, as I'm pretty sure you've been told previously, some folks are damn good at being deadbeats.
 

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