Wendy Cartwright | Lanham Divorce and Family Lawyer

Willie Oxendine, et.al. v. SLM Capital Corp., et.al., 915 A2d.1030, 172 Md. App. 478 (2007)

In the Supreme Court of the State of New York, SLM Capital Corporation, appellee, obtained a default judgment against the appellants for $332,845.02. SLM recorded the foreign judgment against the appellants in the Circuit Court for Prince George's County. The appellants moved to vacate entry of the foreign judgment, arguing that the State of New York did not have sufficient contacts to exercise personal jurisdiction over them. The Circuit court ruled that the Oxendines had waived any challenge to personal jurisdiction by failing to raise the issue in the New York proceedings, and denied their motion. Appellants filed an appeal, and in a reported opinion, the Maryland Court of Special Appeals disagreed, holding that the Oxendines did not waive their right to challenge jurisdiction by failing to file an objection or responsive pleading in the New York case. The Court of Special Appeals remanded the case to the Circuit Court for further evidentiary proceedings to determine whether the New York court had sufficient basis to exercise jurisdiction, and allowed the Oxendines to offer evidence to prove that their signatures on the guaranty agreement were forged.