In Personam Jurisdiction

Although not directly related to elder law, the question often arises as to whether the state has personal (in personam) jurisdiction over an individual. The leading case is International Shoe Co. v. State of Washington, Office of Unemployment Compensation and Placement et al. No. 107. 66 S. Ct. 154. International Shoe Co. held that there must be "sufficient contacts or ties with the state of the forum to make it reasonable and just according to our traditional conception of fair play and substantial justice to permit the state to enforce the obligations which have incurred there." The relevance of this case is that if a judgment is rendered in one state and an individual moves to another state, the judgment can be enforced under the full faith in credit clause. The only exception to this rule is if it is abhorrent to the second state to enforce the judgment of the first state. In today's environment, such a decision is unlikely.

However, if the judgment in the initial state has been appealed and is not a final judgment, the full faith in credit clause does not apply.

Suppose you are an attorney in the second jurisdiction and the judgment in the first jurisdiction is under appeal. My recommendation would be to file an interpleader action and have the proceeds turned over to the judge in your jurisdiction, and let the judge hold the proceeds until the decision in the first jurisdiction becomes final since at that time, the full faith and credit clause would apply.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© June 2012, Post 200