Summons from another state?

[stanciyf]

i currently live in NC and received a summons from my ex-wife who lives in ohio. The summons is to appear in court regarding a loan my ex-father-in-law and myself took out in 2001. I have never received any correspondence from the company about the loan which has ballooned to over $11,000 which I cannot pay. I must file a response with the clerk of court in Ohio within 8 days. What do I do if I cannot get to Ohio to file the summons. Should I just go ahead and file for bankruptcy and start all over again.

KM

[reuben29]

You can hire an attorney in Ohio to appear on your behalf. You don't have to appear in person on a civil matter.

[caffar]

Get an Ohio atty immediately. My first question would be, were you properly summoned to appear in court? If not, then the court does not have proper jurisdiction (its called personal jurisdiction) over you. The atty should immediately move for an extension of time in which to answer. You might find this cheaper than filing for bankruptcy considering what that will do to your credit.

[ern]

You should consider a Chapter 7 filing, since unless you contest the merits of the claim in a court of law, an Ohio court can still issue a default judgment against you which can be enforced in the state where you reside under the full faith and credit doctrine, which allows one state to recognize and enforce a judgment of a court in another state.
If you file an answer to the claim you could be seen as consenting to the jurisdiction of the court, the alternative is to make a special appearance or have someone do it for you for the purpose of contesting jurisdiction in this case. The ruling there would probably be based on the merits of the claim, though and since you state you signed for the loan and apparently defaulted, you don't stand much chance there.