Legal Question in Credit and Debt Law in Kentucky

small claims court

I live in Ohio and work for a company in Kentucky...I got into trouble with a payday loan company in Kentucky...Today I received a summons to appear in court in Kentucky...Don't they have to file in the state I reside in?

Asked on 12/11/08, 8:43 pm

2 Answers from Attorneys

E. Brian Davis Davis Law Office

Re: small claims court

The short answer is NO. By voluntarily coming to Kentucky and transacting business in Kentucky, you have implicitly agreed to submit yourself to the jurisdiction of Kentucky's courts. The documents you signed to get the loan may well make that implicit or implied agreement, an explicit or expressed agreement. The document may say something like the parties agree that disputes will be governed by Kentucky law and any law suit about the agreement will be filed in Whatever Circuit Court in Whatever County, Kentucky.

Do not ignore the summons just because you live in Ohio!!

Read more
Answered on 12/11/08, 9:07 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: small claims court

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. When you got the payday load, did you sign a document agreeing to give the Kentucky courts jurisdiction over any dispute or collection action?

2. Did you agree to pay the attorney fees of the lender in any collection action?

I expect the answer to both of these questions is "yes." In that event, you will need to defend yourself in the Kentucky court.

If the Kentucky court renders a judgment against you, the lender will still have to file the Kentucky judgment in Ohio and sue you again there, but any defense you might have will be greatly limited in the Ohio case.

You are best advised to seek the services of a competent Kentucky attorney. You can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

Good luck!

[email protected]

Read more
Answered on 12/11/08, 10:33 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Kentucky