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Maybe, depending on the facts of the situation. The mere fact that a lawsuit was filed in a state other than the one you live in does not, in and of itself, relieve you of the obligation to defend against it. It all depends on how service of the Summons and Complaint was made upon you and whether that court has proper jurisdiction over you and the case. If a defendant has sufficient ties to the other state and if process is properly served, then you must answer the lawsuit or a default judgment will be entered against you. Once the default judgment is entered against you in the other state, the plaintiff will file the judgment in your state then seek to execute on it by garnishing wages or seizing your assets. The big problem you make for yourself in that situation is that once the judgment is filed in your state, the only defense you have against it is whether it was obtained properly. You do not get the chance to try the case in your state unless your state court finds that the judgment was obtained without due process. You may no longer plead that you are not responsible for the claim unless your state court rules the judgment of the other state is void and unenforceable. Thus if you choose to ignore an out-of-state claim, you do run the risk of losing the ability to defend against it, because your court in effect says you should have answered it in the other state when you had the chance.

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16y ago

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