Appellant-plaintiff, a Virginia-based bank; extended an offer to issue appellee-defendant a credit card by mailing a pre-approved application form to appellee’s address in Georgia. When an acceptance of its offer bearing appellee’s purported signature was mailed to and received by it in Virginia, appellant issued the credit card in appellee’s name and mailed it to his Georgia address. The credit card was thereafter used in Georgia and some payments were mailed to appellant in Virginia. When payments ceased, however, appellant brought *434 suit against appellee in Virginia and obtained a default judgment against him. Appellant then initiated this action against appellee in Georgia, seeking to domesticate the Virginia default judgment. Appellee answered and raised, among his other defenses, the Virginia court’s lack of personal jurisdiction over him. Appellant subsequently moved for summary judgment, supporting its motion by pleading and proving the Virginia judgment and the Virginia Long Arm Statute under which personal jurisdiction over appellee in Virginia was ostensibly predicated. In opposition to appellant’s motion, appellee submitted his affidavit wherein he swore that the signature purporting to signify the acceptance of appellant’s offer to issue him a credit card was not his and that he had neither received nor used the credit card that appellant had issued in his name.
On this evidence, the trial court not only denied appellant’s motion for summary judgment, but, on its own motion, also granted summary judgment in favor of appellee. The trial court based its ruling on the following: “In the original Virginia action on the contract against the Georgia resident defendant, the Virginia court lacked personal jurisdiction over the defendant under the rules enunciated in
Kendrick v. Parker,
Appellant urges that the trial court erred in granting, on its own motion, summary judgment in favor of appellee based upon the affidavit that appellee had filed in opposition to appellant’s motion for summary judgment. See
Thompson v. Hurt,
“ ‘The judgment of a court of one State, when sued on, pleaded,
*435
or introduced in evidence in another State, is entitled to receive the same full faith, credit, and respect that is accorded to it in the State where rendered. If it is valid and conclusive there, it is so in all other States. [Cits.]’ [Cit.] However, neither the Full Faith and Credit Clause of the United States Constitution ‘nor any act of Congress passed in pursuance thereof, forbids or prevents an inquiry into the jurisdiction of the court by which the judgment offered in evidence in another State was rendered.’ [Cit.]”
Masters v. ESR Corp.,
Under the circumstances relied upon by appellant, there were no prior negotiations between itself and appellee. Appellee never went to Virginia to solicit an extension of credit from appellant. To the contrary, appellant mailed its solicitation of appellee’s acceptance of its offer to him in Georgia. Appellee and appellant never met in either Georgia or Virginia to discuss terms. Appellee simply responded to appellant’s unsolicited offer by returning the application to Virginia through the mail. Thereafter, appellee and appellant never met in connection with the extension of credit. Indeed, it was contemplated that they should never meet so long as appellee performed by sending payments from Georgia and appellant performed by extending credit
*436
from Virginia. It is undisputed that the credit card was never used in Virginia. Thus, it is appellant’s own election to extend consumer credit to a non-Virginia resident that constitutes the
sole
contact that appellee has ever allegedly had with Virginia. Such contact based upon the mere unilateral and fortuitous consequence of appellant’s place of residence is insufficient to support a finding that appellee has purposefully established such meaningful contacts and connections with Virginia that he should reasonably be expected to appear there to defend an action based upon his alleged failure to perform his part of the contract in Georgia. See
Burger King Corp. v. Rudzewicz,
supra at 478. See also
A. A. A., Inc. v. Lindberg,
Since, even under the circumstances alleged by appellant, such contact as appellee had with Virginia was a fortuitous consequence of appellant’s place of residence and neither purposeful, meaningful, nor substantial, there were no “ ‘minimum contacts’. . ., a prerequisite to the establishment of extraterritorial jurisdiction” by the forum State.
Berry v. Jeff Hunt Machinery Co.,
Judgment affirmed.
