Legal Question in Civil Litigation in Tennessee

Re: Civil Judgement from Florida valid in Tennessee?

You have a difficult problem to explain, and unfortunately, I am pressed for time. So I will have to write succinctly here.

1. This strikes me as a grossly unfair lawsuit where the employer took advantage of the fact you were no longer residing in the state to defend yourself.

2. Although it is unfair, it is not illegal. The FL court had subject matter jurisdiction, because of your employment there. The FL court had personal jurisdiction, because you were in FL and worked there.

3. You needed to object to the lawsuit as frivolous by filing objections as a party without a lawyer (pro se). But I understand how and why that did not happen.

4. Under the Full Faith and Credit Act, TN courts are required to respect judgments of foreign state courts (FL). The employer will attempt to register judgment in Tennessee for execution.

5. At your hearing in TN, you normally would only be able to challenge personal jurisdiction, but not go into the merits of the case. If the judge somehow allows you to go into the merits, then you can point out the ridiculous nature of the suit.

6. Your backup strategy should be to file Chap. 13 bankruptcy. In Chap. 13, you won't have to sell any of your assets, and the employer will not be able to hound you any further. Instead, you will work out a monthly repayment schedule with the bankruptcy trustee, and the payments usually last 5 - 7 years. None of your assets will be sold or attached.

7. You should look in your phone book for a bankruptcy attorney who (1) will not charge you any free upfront to file the Chap. 13 petition, and (2) who can file such a petition on your behalf within a week.

Mike Guth