STAMR1 said:
being sued by a lawyer for an apartment i rented. case was filed in Mass. I live in S.C. now. case is in small claims. it has been 4 years since i lived in Mass. can they make me go to Mass. for court? and can i file a "counterclaim" for lost wages and travel expenses for driving to Mass.?
My response:
Sure, you can file a cross-complaint for lost wages and travel expenses. You won't win, but you can do it.
Regardless of whether you have a cognizable defense to the landlord's claim, the lawyer is hoping you don't show up. That way they win by "default".
Then, with the default in hand, they locate you, and then have the judgment recognized by the S.C. court (called "domestication of judgment"), and then go after your wages, property, bank accounts, for and including the principle amount of the judgment, attorney fees, costs and interest.
Then, if you don't have any of those things, or if they want to be paid real fast, they get you into an S.C. courtroom for a "debtor's examination". In such an exam, you have to remember, you'll be in the witness stand, in front of everyone in the courtroom, when the attorney says, "Please stand up. Please empty your pockets and turn the pockets inside out, and place everything on the judge's bench."
Then, after that, the attorney will say, "Please take your shoes off, and place each shoe on the judge's bench." After an inspection of all of these items, and everything is taken from you that was in your pockets, and hidden in your shoes, along with all jewelry (e.g., watch, rings, etc.), then you'll be instructed to put your pockets back in, and your shoes on.
Then the really embarrassing questions about your job, your accounts, and your personal life begin.
Then, because you came to court in your car, expect to walk or take a bus home - - because your car will have been seized by the bailiff.
This can happen once each year to you until the judgment is paid in full.
Good luck to you.
IAAL
