Legal Question in Credit and Debt Law in Alabama
Can I be extradited to another state for small claims court?
My ex-roomate and I are having a dispute over monies owed in my old apartment. I moved out and owed her money from the previous month's rent. We agreed to $450, and I have paid her $200 thus far. I am living in Maryland, and she in Alabama. She is planning on going to small claims court. I cannot see how I must legally go to another state to court. I have been sending her money, and my name was not even on the lease or bills.
3 Answers from Attorneys
Re: Can I be extradited to another state for small claims court?
If you lived with her in ALabama and had an agreement to pay the rent, she can bring a lawsuit in Alabama. It's not a question of extradition, but a question of jurisdiction. If you lived in the apartment in Alabama, she would have jurisdiction over you in Alabama. Jurisdiction is based on a test of minimum contacts with the state where the suit is brought, and since you lived here, you would meet the minimum contacts test.
Re: Can I be extradited to another state for small claims court?
No, you cannot be extradited to another state for a small claim.
However, the action may or may not be enforceable where she brings a
claim in Alabama. The applicable test is whether you have a connection with
the state where the action is being brought. In Maryland, the jurisdiction of the
courts extends to people outside the state through what is referred to as the "long-arm statute".
This is a fancy way of saying you cannot run from the long arm of the law and avoid paying someone
for a legal debt owed. I cannot speak to Alabama law as I do not practice in that state. You may want
to contact an Alabama lawyer or contact the courts of Alabama and determine whether you can defend her claim on the basis of
sending the court notice of your payments made to date. Please note that in Maryland, your non-appearance for a small
claim will result in an enforceable default judgment, this may or may not be the case in Alabama.
DISCLAIMER: No legal advice is provided herein. When dealing with a legal matter, the best advice is to obtain the service of
an attorney.
Re: Can I be extradited to another state for small claims court?
You can't be "extradited." But if she sues you in another state, the question is what contact did you and the transaction for which she is suing have with that state. If your former apartment is in AL, she can sue there. If it was in MD and she just moved to AL and you have no connection with that state, she will have to sue in MD court. If she sues there, you may be able to move to dismiss, or if you are sure that you have no connection with AL you can see if she gets a judgment, and then oppose it if she tries to enforce it in MD.