Legal Question in Civil Litigation in Oklahoma
Interstate law
A cival law suit was brought upon me in the state of oklahoma. The court date has been changed and not rescheduled due to the man whom is suing me not having an attorney now, because the attorney was disbarred. If I dismiss my attorney, will they have to serve me in the state that I now live in for the court appearance? As of this time, I do not know of any court date(s).
If the court finds in favor of the plantiff, what actions can be brought against me through the state of california. Will the law suit be upheld in california if there is a ruling in oklahoma?
1 Answer from Attorneys
Re: Interstate law
Thank you for your question. If a proper judgment were entered in Oklahoma against you, it would be entitled to legal recognition in CA. If there is some reason why the judgment is not valid then you would be able to have a CA court determine that it was not a valid judgment. A discussion of what might make a CA court disregard an Oklahoma judgment is too complex to discuss in detail here. Suffice it to say that in any civil suit there are potential issues of jurisdiction. Whether the court has jurisdiction over you personally and whether it has jurisdiction over the legal issues involved. Also, whether you were properly served papers as to give the court jurisdiction. These issues would be determined by your connection and the connection of the facts with which the suit is concerned to the State of Oklahoma. (ie. was a contract made in Oklahoma, or did an automobile accident occur in Oklahoma, or did you do business in Oklahoma). The fact that the Plaintiff does not presently have an attorney does not mean that the case is dismissed or that it will be dismissed. Neither would your dismissal of your attorney affect the right of the court to proceed with the case if it determines that it has jurisdiction. As for what actions can be brought against you in CA to collect a valid judgment will have to be answered by a CA attorney.