Legal Question in Credit and Debt Law in Virginia

Sueing

Ex-girlfriend in virginia bought me stuff now she wants the money back for it can she sue me from virginia while i am a canadian citizen living in canada??


Asked on 3/18/03, 9:00 pm

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Sueing

The simple answer is, "yes". There are more technical hoops to jump through in order to do it, such as getting proper service of process in Canada. And the ability to file a suit doesn't have anything to do with whether the suit's any good, legally, or whether you may have valid defenses to the suit. She may not have a leg to stand on, figuratively speaking, but can still file suit, and if you fail to show up and defend yourself, she can get a judgment against you that an appropriate court in Canada will enforce. If you never lived in Virginia, and never had anything to do with Virginia (e.g., if the girlfriend was living in Canada when you had the relationship and moved to Virginia later), than any judgment she gets against you would be void for lack of jurisdiction, but it would be up to you to prove that in a Canadian court when she tries to enforce it. Maybe you should sign up for one of those "people's court" type TV shows.

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Answered on 3/19/03, 7:50 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sueing

I would not worry too much about being sued over this type of thing if you're in Canada and she's in Virginia, unless the money involved is very substantial.

I assume from your question that what you received from you ex-girlfriend you consider a gift and, therefore, to be on the safe side, you may wish to gather and conserve whatever evidence you may have that supports your position.

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Answered on 3/19/03, 9:35 am


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