Legal Question in Credit and Debt Law in California

Re: Lawsuit for Breach of contract

It is both irrelevant and relevant that your friend is not in the country. It is irrelevant because if your friend entered into a contract with, for instance, a cell phone provider in the US, she isn't excused from honoring that agreement just because she left the country. Her absence from the country (unless she is in the armed forces) is not an excuse or defense to the lawsuit. She has to make an appearance, or retain an attorney and attempt to make an appearance by affidavit, but its not something she can do on her own.

Her absence from the country is relevant in one respect. If she does not plan to come back to the United States, then just don't respond. Failure to pay a debt is not a criminal act. This is a civil lawsuit for money damages. She will not have a criminal record, just a civil judgment that the Plaintiff can collect money from her if she returns. Although, in theory the Plaintiff could attempt to have the judgment recognized in your friend's home country, its not at all likely unless it is a very large debt - it is extremely expensive to attempt to collect a judgment from an overseas debtor. If she plans to come back, then yes, she should attempt to settle it with the attorney handling the lawsuit. Her leverage in defending this is to state that she doesn't plan to come back to the US, and so she has no real obligation to settle the matter.

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