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Hastings Law Journal

Abstract

A non-resident consumer confers jurisdiction on a creditor in a creditors' haven through a clause in their contract. The creditor obtains a default judgment in the haven which he attempts to execute in the consumer's highly protective home state. In this Article, Professor Schlesinger examines the federal due process, choice-of-law, and jurisdiction problems the creditor and consumer will face. He concludes that, even under the present state of the law, judgments based on such jurisdictional clauses are unlikely to be enforceable in the consumer's state.

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