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    Buckaroo1849's Avatar
    Buckaroo1849 Posts: 3, Reputation: -1
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    #1

    Jun 27, 2012, 05:51 PM
    Motion to dismiss sister state form
    I received a jugement from the State of Idaho, on a case where I was not properly served, and the case was in Idaho, not California where I live and did business. I got an EJ 110 from California today and need to respond. What form(s) do I need to file?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 27, 2012, 06:22 PM
    As indicated in the California Court Form EJ 110, you need to file, within 30 days, a motion to vacate the judgment. Your motion should indicate why you believe you were not properly served with process relating to the Idaho case. You might want to include the particular Idaho civil rule relating to service of process, because the propriety of service would be according to Idaho law.

    I don't know if there is a ready-made California form for this. You may need to draft your motion from scratch.
    Buckaroo1849's Avatar
    Buckaroo1849 Posts: 3, Reputation: -1
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    #3

    Jun 28, 2012, 07:08 AM
    Thanks for the assistance. I thought there must be a sister state form for the vacate order. Thanks. Do I need to vacate in California and Idaho?
    Since I never did business in Idaho is it even legal to sue me there? I worked for Melaleuca, did not violate my contract in any way, yet they sued me for 28000. Thanks for the help.
    Mark
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    Buckaroo1849 Posts: 3, Reputation: -1
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    #4

    Jun 28, 2012, 07:14 AM
    EJ 110 Entry of Judgement
    I received and entry of judgement from California where I live, on a case filed erroneously in Idaho. Do I have to vacate in both states?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Jun 28, 2012, 07:53 AM
    Quote Originally Posted by Buckaroo1849 View Post
    I received and entry of judgement from California where I live, on a case filed erroneously in Idaho. Do I have to vacate in both states?
    You already have a thread on this topic with answers... you should be continuing on that thread.

    Site rules permit one thread per topic... reporting this post to be merged.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 29, 2012, 05:09 AM
    Quote Originally Posted by Buckaroo1849 View Post
    I received and entry of judgement from California where I live, on a case filed erroneously in Idaho. Do I have to vacate in both states?
    You can, if you want. Vacating in California only would not prevent them from trying to collect in Idaho or elsewhere.

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