07 Aug Can An Out Of State Attorney Sue Me For A Debt?
Frequently I will see clients in my bankruptcy law practice that have received a demand letter from an out of state attorney seeking payment of a debt.
What is the likelihood that the out of state attorney will sue to collect on the debt?
The answer is not very likely! There are a couple of reasons.
First, look to see if the attorney letterhead indicates that he is also licensed to practice in your state. If he is not licensed in your state, he cannot sue you in your state since he cannot represent clients in a state if he is not licensed in that state.
Secondly, even if the attorney is also licensed to practice in your state, there is also the practical aspect of whether it is cost effective to have an attorney travel from one state to another to pursue a debt. Generally speaking, it is not worth the attorney’s time to travel out of town, let alone out of state to represent a creditor on a debt.
Now, if you incurred the debt while living in the state where the attorney is licensed, hecould sue you in that state even if you have moved away. If this is the case it is important to let your attorney know that the debt was incurred in the other state since this may affect the attorney’s advice to you.
If you do get a served with a lawsuit, whether from another state or from the state in which you live, you should see an attorney immediately.
Often, you only have a very short time to respond to a lawsuit before a judgment can be taken against you.
The lawsuit can many times be stopped or delayed to give your attorney the opportunity to review your case and recommend the best course of action to take.
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