QUESTION

A civil suit from alabama to New Mexico

Asked on Dec 03rd, 2013 on Civil Litigation - New Mexico
More details to this question:
A man I know from contact in N.M.,filed a civil law suit in alabama ,where I have never been to or had anything to do with the state other then emails i wrote to him after he wrote me.He has been lying about me on emails and I have defended myself,he has said we has had me servered ,but I have not been served,he has said he will win 50,000.00 by default if I do not answer .
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If indeed you have not been properly served, and/or you have no contacts with Alabama, the Alabama court will not have jurisdiction over you, and any default judgment against you will be vacated when plaintiff tries to enforce it in New Mexico.  Therefore, theoretically, you could ignore the suit. That is very risky, however.  If the other side obtains a default judgment in Alabama, he will try to enforce it in New Mexico.  If the New Mexico Court believes the other side when he claims to have served you, and finds that you have sufficient contacts with Alabama for it to exercise jurisdiction over you (the emails you sent to the other side in Alabama might be deemed sufficient, especially if they relate to the dispute involved in the lawsuit), the default judgment will be enforced, regardless of whether you have any defenses to the merits of the claim. I would advise you not to ignore the case, but rather to move to dismiss it based on a lack of jurisdiction.  If you lose that motion, you can still defend the case on the merits.
Answered on Dec 04th, 2013 at 4:06 PM

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