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Out of state judgement.

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circuit1

Junior Member
What is the name of your state? PA

Earlier this year I sold a car amplifier on Ebay. I shipped the amp and the customer received it and all was well. Four months later the Ebayer informed me that the amp was not working. I informed him that he would need to have it serviced by the manufacturer. My business is in Pennsylvania. and I shipped the amp to the customer who lives in Arizona

The ebayer then filed a small claims in Arizona. I received the summons in the mail. In response I filed for a change of venue and paid a $24.00 fee to do this. The court received the check and cashed it, however the hearing ended up taking place in Arizona. Since I was not able to show up the judgement was in favor of the plantiff, even though I asked for the change of venue .

Now the plaintiff is demanding payment and said that if I did not pay he would file for a Debtors Examination Order and that if I did not show up then a warrant would be issued for my arrest.

Can I be arrested for this? Also will something like this affect my credit and what options do I have at this time. I have responded to all the letters from the court, however it has gotten me no where.

Thanks in advance for any advice.
 


racer72

Senior Member
Everything the guy is attempting to do is valid only in Arizona. Tell the guy till the judgment is domesticated in your home state, he can stick it where the sun don't shine.

FYI, instead of asking for a change of venue, which could not be granted because the court has no authority to transfer the case to another state, you should have asked that the case be dismissed for lack of jurisdiction. You would have had a good chance of having the case dismissed.
 

circuit1

Junior Member
Thanks Racer72, actually when I sent in the change of venue, I also included a letter telling them that they did not have jurisdiction since I am in PA. I guess they just didn't care about that.

So you feel that I should be fine at this point, or would you recommend me taking any further action at this point. I was going to file for a motion to vacate judgement since I am in PA.

Or should I just sit tight for now. I just don't have a warrant for my arrest and I want to make sure that I I follow the law and do everything that I need to do on my part.
 

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