My friend received a notice from an out of state attorney stating he will be sued for an unpaid debt. It is my understanding the attorney must be licensed in your state the sue in that state.
This could be a bluff, with them hoping you don't know that they have to be licensed here in CA to appear in our state courts. But they can easliy associate with a CA lawyer if they want to pursue this case.
And are you sure they're not licensed here? Just because they have an out of state addess doesn't mean they aren't members of the CA State Bar. Check on the site linked below.
estiDisclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship
The out-of-stater may have a relationship with one or more law firms in-state, or may even be a member of an organization like the commercial law league.
On the other hand, the out-of-stater may also be a "rent-a-license" type lawyer too new in practice to realize he or she is being misused or too old to care.
You are correct..mostly - but as stated earlier, they usually associate in State attorneys. They can appear and sue themselves under a special provision by associating in a local firm, but for normal debts they usually don't.
One thing to look at is the amount of debt - sometimes it's just a threat and they don't sue over because it's too little to justify the cost.
Good luck with your situation.
Take Note: Common Sense and this environment (the internet) require me to remind everyone that this answer isn't legal advice, and shouldn't be relied upon. Remember-every state has different laws, rules and regulations and each person's situation is fact specific, and it is impossible to evaluate a legal problem without a thorough evaluation and review of all the facts and documents at issue, including potential investigation. By answering or posting information here, it doesn't create an attorney-client relationship.
