Legal Question in Credit and Debt Law in Florida

Extradiction

Can you be extradicted from VA to FL for unpaid credit cards that you can't pay on?

Asked on 2/24/09, 7:39 am

3 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm
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Re: Extradiction

Unless you are talking about some kind of criminal charge (such as fraud), then you cannot be extradited anywhere for any debt collection case.

However, they could sue you in a State that is inconvenient and if you don't show up there, you could lose automatically by not showing up.

So in effect, you might have to travel there in order to avoid losing by default. But they cannot force you to go to Florida.

(Note you could also hire an attorney there to appear for you, without you going there.)

Because your question shows that you live in Virginia, and are asking about being extradited to Florida, I believe your question is actually one of Virginia law. Your question is really whether Virginia would force you to go Florida if Florida asked. No, not for a civil debt.

Meanwhile, under the Federal Fair Debt Collections Practices Act, IF IT IS A CONSUMER DEBT, they must sue you in the County where you live... assuming they know where that is.

If you are being sued for a consumer debt in another State, you should warn them that they are suing you in the wrong place. That means letting them know where you live, obviously. But that may avoid you losing by default.

If they have already filed papers, you should file an answer with that court by mail objecting to the lawsuit based on the fact that you live in Virginia and the FDCPA requires the lawsuit to be there.

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Answered on 2/24/09, 2:41 pm
Raymond LaBella LaBella Law, P.L.
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Re: Extradiction

Extradition is for criminals, not debtors. Unless you were being charged with a crime, extradition is not an option.

If your question is whether you can be sued in Florida for a credit card, then the answer is that you must be sued by a national lender in the state you reside in at the time the lawsuit is filed. If you lived in Florida when the lawsuit was file din the court, then yes, Florida will have jurisdiction to hear the case.

However, even assuming that you were a Florida resident at the commencement of the case, you may still be able to have the case moved if you were not SERVED in Florida.

Check out Florida Statutes Chapter 48. We have a link to it on our website at www.LaBellaLaw.com. Look under TOOLS for Florida Statutes.

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Answered on 2/24/09, 4:23 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law
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Re: Extradiction

Extradition involves a fugitive from justice, or person who has committed a crime in one state (or country) being released to another state. The situation you describe--the inability to pay a debt--without more, would indicate a civil action and not a crime(indeed a creditor cannot threaten that you will be sent to jail for failing to pay). You may however, if appropriate jurisdictional grounds exist, be subject to the courts in Florida for failing to pay a debt.

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Answered on 2/24/09, 8:34 am

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