Can a court case be dismissed or transferred to another state if defendant is moving after court date?

Asked about 2 years ago - Frederick, MD

Am being sued by Capital One Bank for default on credit card at District Court in Maryland. I will be moving to another State after the Trial Date. Can I ask for the case to be dismissed in Maryland? Do I have to show up in Court in MD? Will Capital One be forced to open a new lawsuit in my new State of Residence? (That's what I actually had heard, that if you move after a trial date, they have to open a new case in the state where you are a new resident....) Thanks!

Attorney answers (4)

  1. Nicholas Bernard Proy

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You can ask for the case to be dismissed, but it likely won't. If you do not show up for your trial in Maryland, Capital One will get a default judgment against you. They will then take that judgemnt to your new state and start garnishing your wages without a new trial. You may have heard they will have to file a new suit in your new state, but I will bet it wasn't said by a lawyer.

    That being said, you should still show up and defend yourself in the lawsuit or try to work out a settlement. Better yet, you could contact an attorney and have him or her do this for you.

    If you require additional information, you should consult with an attorney.

    ***
    I proudly serve clients throughout Maryland, Pennsylvania and Washington, D.C. My phone number is (443) 352-8517 and my email address is nick@proylaw.com. For more information, you can also visit my website at www.proylaw.com.

    Licensed in MD, PA and DC. This is not legal advice. I am not your attorney until we have mutually agreed that I... more
  2. Robinson Sean Rowe

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Once they have proper jurisdiction over you (as they do now), you cannot "dodge" the lawsuit by moving... or else one would continuously move to avoid trial. Have they called you or your family/friends in any way? Has there been any harassing or abusive action to collect? When did you make the last payment?

  3. Robert A. Stumpf

    Contributor Level 19

    2

    Lawyers agree

    Answered . No, I doubt it. If they have jurisdiction over you now, it's not likely they will dismiss their suit.

    Do you think you have a legitimate defense to the suit? Speak to an attorney if you haven't already, but it might make sense to just settle it so you can get on with your life.

  4. Peter Walter Weston

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Since your were a resident of Maryland when you were served, it is unlikely your moving changes anything. You have to show up for trial in Maryland, if there is a trial.
    Usually a person has a right to be sued where they live, and that was done.
    Moving after the lawsuit is filed, does not change where you lived at the time of service..

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more

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