Long Arm Statutes

What if your judgment debtor has a bank account in another state. Can you recover the judgment without domesticating the judgment to that other state? It might be possible because of long arm statutes.

A fifty-state PDF manual on long arm statutes can be found here:

http://euro.ecom.cmu.edu/program/law/08-732/Jurisdiction/LongArmSurvey.pdf

As an example,  Maryland's long arm statutes cover jurisdiction over a Colorado bank account of a judgment debtor reads:

"Respect to the Due Process Clause, which overall requires that Petitioner have maintained sufficient minimum contacts with the forum state, there must be “purposeful availment,” meaning there exists so substantial a connection between Petitioner and the forum state that having to defend a lawsuit there would be  foreseeable. In Maryland, a substantial connection will be established if Petitioner either engaged in significant activities in the State or created continuing obligations with the State’s residents, thus taking advantage of the benefits and protections of Maryland law.  In the instant case, however, Respondents have failed to demonstrate that CSR, in the course of any of its contacts with Maryland."

A  PDF court opinion on Maryland long arm statutes can be found here:

http://mdcourts.gov/opinions/coa/2009/129a08.pdf

"A federal court may exercise jurisdiction over a non-resident defendant if: (1) the requirements of the forum state's long-arm statute are satisfied; and (2) the exercise of jurisdiction comports with the Due Process Clause of the Fourteenth Amendment. Specifically, Maryland's long-arm statute provides that personal jurisdiction exists over anybody who transacts any business or performs any character of work or service in the State. MD. CODE ANN., CTS. & JUD. PROC. § 6-103(b)(1). The Court of Appeals has held that acts done within the State, which will support in personal jurisdiction as transacting "any business," include acts which constitute a purposeful activity within the State."

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Mark Shapiro, judgment expert, judgment broker, judgment writer, and a smile chaser.  Visit: http://www.JudgmentBuy.com