Legal Question in Credit and Debt Law in Virginia
collection of an out of state bad debt
our customer is located out of state ( Kentucky) where the goods where delivered by our company truck, however thecustomer has failed to pay us, can we go through our court system to collect or will it be necesary to go to kentucky
thanks
bev
2 Answers from Attorneys
Re: collection of an out of state bad debt
You can sue in VA if the defendant had sufficient "minimum contacts" with you in VA. If the Defendant contacted you in VA to order the goods (knowing you were in VA), that's probably enough. However, you will still have to domesticate the judgment in KY to enforce it unless they have assets in VA. Note that for consumer debtors, there may be other restrictions.
Re: collection of an out of state bad debt
this is probably a personal jusrisdiction problem. The question is whether your court's judgment will have effect on your customer. The court has jurisdiction if your customer had enough contact with your state.
It is a complicated problem and you need an attorney
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