Legal Question in Business Law in Indiana

I run a small defense contracting business. Our prime contractor has decided that it is not obligated to reimburse us for costs incurred beyond the initial budget for a cost plus contract. We believed the case law was on our side so we engaged a collection firm. In retaliation, the prime obtained a default judgment from the Fairfax County Circuit Court to force us to ship government supplied and purchased items. Our company was not served notice about the court filing/suit and has not been provided a copy of the judgment by the court...other than as an Email attachment to a threat letter by the prime contractor. We are based in Indiana and the items they seek are stored in Utah. Does the county circuit court have enforcement jurisdiction and able to enforce its judgment outside its jurisdiction?


Asked on 10/08/10, 2:18 pm

1 Answer from Attorneys

Why don't you ask the collection firm that you already have? TO my knowledge, the court does have enforcement jurisdiction to the extent that it can issue a turnover order against you and if you do not comply, you can be held in contempt. The judgment will not be enforced in another jurisdiction until it is registered there. At which time the court in Utah will have jurisdiction. I also suggest that you consider a motion to set aside the default if you were never served and have a valid defense.

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Answered on 10/14/10, 4:16 am


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