Legal Question in Credit and Debt Law in Pennsylvania

Can documents designed for a particular state be binding if used in another state? What if the parties are from different states, whic forms or documents are to be used?


Asked on 6/13/11, 10:12 am

1 Answer from Attorneys

Your question is way too general. First, this is classed as a debt collection type of issue. If its not a debt collection issue, what does the matter involve? Either way, what kind of forms or documents are you talking about?

The only things I can think of would be POAs. Those are made in the state where the person lives. If the person owns property in another state, then the POA executed where the person lives is valid and will be honored by the second state in general assuming its properly witnessed (if needed) and notarized and possibly registered or recorded.

If you are talking about a contract, there are rules, but some contracts will provide that in case of a dispute between the parties, any litigation or arbitration will be brought only in a specific place. And yes, those types of clauses are usually valid and binding.

There are no real forms for contracts, although you might be able to get simple buy-sell agreements online or at an office supply store, do-it-yourself stuff carries a risk. Since I do not know what you are doing, I don't know if it would be suitable or not. Generally, you may think you are saving money and will end up costing yourself a whole lot more if you screw something up. When in doubt, pay a lawyer to do it correctly for you or at least get a few fee quotes to see what all would be involved before you go off and do-it-yourself.

For POAs, see if there is a free state form available. If not in your statutes, you can sometimes get a medical or financial POA and a living will free of charge at www.ilrg.com's forms archive.

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Answered on 6/13/11, 1:50 pm


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