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Old 10-17-2012, 06:46 AM
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Quote:
Originally Posted by Sean1125 View Post
I don't think the Texas judgement will uphold if the SELLER is in a different state (I'm no lawyer so maybe someone can correct me, this is simply what I was told when I spoke with lawyers)
Um, actually, it will. Under the Full Faith and Credit clause of the U.S. Constitution states are required to honor the civil money judgments of other state courts:

"A final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies for recognition throughout the land." Baker v. General Motors 522 U.S. 222

The most likely reasons for nonenforcement are logistics and expense. The TX creditor would have to hire counsel in IN and convert the TX judgment into an IN judgment then enforce it there.

The only way to try to avoid the judgment is to attack it on jurisdictional grounds.
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