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ELLEN | What if I get a summons to appear in small claims court but I have moved out of the country? |
Do I have to come back to appear in court? This would be too expensive for me to do. |
 |
 
BoomChikkaBoom
 |
You can hire an attorney to handle it for you.
Many small claims court have residency restrictions, such as both parties must live or do business in that county. You may be able to get the whole thing tossed because this.
I know that in New York City, if an individual defendant (the person being sued) does not have residence or employment within the City of New York itself, the plaintiff (the person filing the complaint) cannot file in small claims. |
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CRAZY
|
No Response U Lose..... |
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steve b
 |
You will have to renounce your citezenship. |
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crzybob
|
You should contact the court, but if I understand what is typical, if you don't appear you lose be default and can have additional penalties placed on you (like seizure of your assets). |
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buddhaboy
 |
If the claim is against you personally you will have to appear. If your a witness you can sometimes write an affidavit to them. Contact the court in that county or an attorney. |
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beez
|
Put it in File 13 |
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gobobgo55
|
you lose if you do not show up and someone will be after your money If you work for a US company they will garnish your pay |
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Fleur de Lis
|
Contact them and tell them. There should be a number on the summons. |
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judy_r8
 |
no, write the court and explain why you can't appear, and pay what you owe the person sueing you. |
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Common Sense
|
Then you will probably have a summary judgement issued against you for failure to appear...
In this case, you can probably get someone ( an attorney ? ) authorized to represent you... |
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55yrsnholdin
 |
If you don't appear in court then the case most likely will be adjudicated against you. That means there will be a lein against you which could appear on your credit. If it is a small amount you can simply pay it, or just ignore it and deal with the reuslts later. |
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newmexicorealestateforms
 |
Lol I love the answers.
In any event depending on the amount of the claim against you here is what will happen.
You must be found to have the summons served on you.
If you can not be found because you are in Afghanistan looking for a bounty then the parties can move the court to allow process to be done by publication.
Assuming that they get the case heard, then they can ask for a summary judgment against you for not being there after the summons has been served.
Then when they get the judgment they can reduce that judgment to a lien that attaches to your personal assets. They then can go back to court if they find any assets and try to reduce the lien to a foreclosure of the asset to satisfy the lien.
Therefore I would suggest that you get a local attorney in where the case was filed and have them represent you. Oh yeah and depending on how the order reads on the judgment the amount owed can grow in size. |
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Mr. Know
|
If you don't plan on moving back, tell them to shove it. If you get correspondence from a lawyer, it is a bluff. They won't mess with you on alot of felonies if you are out of County, let alone out of country. Screw em, you win :). One more note. If you are in a country that doesn't extradite you can slip back in here and break any law you please just don't get caught. That is not a suggestion to cause murder and such, just legal info. |
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