More details to this question:
In 2006 we acquired a house in IL - Which we did a Deed in Lieu of foreclosure negotiated with Bank of America in 2008. Bank of America later penalized Chicago Bancorp (the original lender) for damages. We are now being sued by Chicago Bancorp the original lender for damages due to the fact they realized my husband was not employed at the date we signed the loan. He was actually transitioning jobs, and was never unemployed but they alleged fraud or misrepresentation on our part even though it states in our affidavit that we should report any significant financial status changes - which was never the case, since I was employed. We have been residents of TX since 2008. Does IL have any personal jurisdiction over Texas? Can a summon in IL be valid in Texas? Can IL garnish our wages here?
1 ANSWER
personal jurisdiction, or the right of a court to excercise jurisdiction over you, is a tricky issue and causes laws students and lawyers a lot of problems. They are also very fact speciic inquiries that take a lot of things into account. Travel to the state, the extent of ties to the forum state, whether you sought an economic benefit from the forum state, etc. So, the short answer to your question is that it is too difficult to tell in a single paragaph whether Illinois courts can assert jurisdiction over you. However, I would imagine that if you "acquired a house" in Illinois, that would weigh heavily in favor of an Illinois court being able to assert jurisdiction over you. I certianly wouldn't ignore it in the hopes that the judgment would be invalid. If they sued you, they could have you served in texas and you would be responsible for at least answering the lawsuit and challegning the jurisdiction. If you chose not to and they obtain a default judgment against you, they would be able to enforce that judgment in Texas. Garnishment is available in certain situations and in certain states. You would need an Illinois lawyer for that.
Answered on May 23rd, 2013 at 3:39 PM