X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Despite spending many hours responding to all kinds of legal papers, credit unions don’t always understand which ones they are required to answer. Legal notices come from lawyers, judgment creditors, taxing authorities and child support agencies and credit unions are named as trustees of member accounts in civil lawsuits. Must you respond to every notice? If the notice is from a court or agency in your state, the answer is probably yes. If the notice is from out of state (and is not for child support arrearages or from a federal agency), the answer could well be no.

State courts and agencies cannot simply compel an out-of-state credit union to comply with a notice; they must have jurisdiction over the credit union. That commonly means the credit union conducts some business in the state. For example, a Los Angeles court cannot force a credit union in New York to obey a subpoena or judgment (same rules apply for federal and state chartered credit unions). The party seeking compliance must go to New York and ask the courts there to enforce the California notice or, if possible, have a California court find a way to get jurisdiction over the New York credit union. A collector with a $2,000 judgment is not going to spend money to get out-of-state jurisdiction.

Credit Union Times

Join Credit Union Times

Don’t miss crucial strategic and tactical information necessary to run your institution and better serve your members. Join Credit Union Times now!

  • Free unlimited access to Credit Union Times' trusted and independent team of experts for extensive industry news, conference coverage, people features, statistical analysis, and regulation and technology updates.
  • Exclusive discounts on ALM and Credit Union Times events.
  • Access to other award-winning ALM websites including TreasuryandRisk.com and Law.com.

Already have an account? Sign In Now
Join Credit Union Times

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.