Legal Question in Credit and Debt Law in Pennsylvania

Please guide on the following questions:

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A past employer company (of Chicago, IL) filed the civil law suit in the State of PA (Pennsylvania), while I live in the other State and I do NOT have any asset/home in PA.

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Q: Can the local court (of PA) give any collection order against the NON-RESIDENT of their State ? Is it OUT of that jurisdiction area of that local Court of PA ?

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Q: Can a Plaintiff (a company) file the civil lawsuit (demanding money) in OTHER State where Defendant (person) is NOT living ?

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Asked on 7/24/14, 7:29 am

1 Answer from Attorneys

First, get a lawyer. Just because there is some lawsuit in a state where you do not live does not mean you do not have to be concerned. If you own nothing in PA, then a judgment can still be entered by the PA courts and once entered it can then be transferred to any state where you do own property, work or have assets. Most states, unlike PA, also have wage garnishment, which means a portion of your wages can be seized. And a judgment can be entered against you even if there is no jurisdiction. Unless you object to jurisdiction by raising it in a timely filed motion then its waived and you will be deemed to consent.

Can you be sued in PA? Yes. Is there personal jurisdiction? I don't know as you relate no facts.

PA does not issue collection orders. Once a judgment is entered, the creditor will seek to enforce the judgment by applying for a writ of execution. This is then given to the sheriff with the direction to seize any assets the sheriff can find. Since you own no land or other assets, this will not matter, but if you maintain a bank account at a bank that has a branch in PA then the sheriff can go to any branch of that bank and seize your bank account. For example if you bank at Wells Fargo and they have a branch in PA then the sheriff can seize the funds in your bank account if the funds are over $300.

Also, as I explained, the creditor can take the PA judgment and register it in any other state where you do own assets or property. This is called "domesticating" the judgment. Once the judgment is registered in your state of residence, it can then be enforced against you as it was an initial judgment of that state, which means that your assets can be seized, bank accounts levied upon and wages garnished.

I have answered your questions. My advice to you is to quit posting here and to get a lawyer NOW who practices in the county in PA where the legal action is brought.

It depends what kind of lawsuit this is and what it is for - there are many lawyers here at Law Guru who can assist.

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Answered on 7/24/14, 12:30 pm


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