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<p>[QUOTE=&quot;Burton Strauss III, post: 24799118, member: 59677&quot;]I&#039;m not a lawyer either. But unlike <i>somebody</i> in the news recently, I remember what I learned in Law 401 at Business School.</p><p><br /></p><p>Yes, there is. It&#039;s called the Constitution of the United States.</p><p><br /></p><p>Courts are legally bound to honor the judgments of other courts. US Constitution, Article IV, Section 1 - <a href="https://constitutioncenter.org/the-constitution/articles/article-iv/clauses/44" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://constitutioncenter.org/the-constitution/articles/article-iv/clauses/44" rel="nofollow">https://constitutioncenter.org/the-constitution/articles/article-iv/clauses/44</a></p><p><br /></p><p>Specifically in this case, I think you would be unpleasantly surprised. It might not happen quickly - depends on whether the merchant fights it in South Dakota and in Montana or not. But they will lose. And it would never get to a jury.</p><p><br /></p><p>South Dakota would file a suit against the Merchant. Merchant either fights it and loses (Wayfair is pretty clear) or they don&#039;t fight it and they lose to a default judgment.</p><p><br /></p><p>From there on, it&#039;s exactly like seeking child support from a dead-beat dad who moved out of state.</p><p><br /></p><p>South Dakota files the judgment with some county court in Montana (or another state) where Merchant does have a physical presence. It would be treated like any other out-of-state judgment. It&#039;s not related to Wayfair, it&#039;s a valid order from an out-of-state court. The local court will perfect the judgment and hand it off to the county Sheriff to execute.</p><p><br /></p><p>Sheriff seizes assets worth at least the amount of the judgment and sells them at auction. The amount of the judgment is sent to SD and the rest... depends on state law. Might go to the state, or be returned as cash to Merchant.</p><p><br /></p><p>Are you really going to risk your Gulfstream B-Jet for a measly few thousand dollars? Any lawyer you hire will tell you to suck it up and pay what you owe.[/QUOTE]</p><p><br /></p>

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