if i sue someone in another state which state do i need a lawyer in

The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. Lawyers call this jurisdiction. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live.

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Can you sue someone from another state in your local court?

Jun 05, 2010 · Criminal defense State, local, and municipal law. When a resident of one state wants to bring a resident of another state into the home state's court, they must prove the local court has personal jurisdiction over the defendant. This involves two things. First, most states, have a "long arm statute." This law defines how far the court can reach out and touch someone …

Can I Sue my Own State for a traffic accident?

Personal jurisdiction rules can be a bit stickier when you file the suit in a state other than the one in which the defendant is a citizen or does business. You can't just sue someone in your home state if the defendant doesn't live in your state, has never been in your state, and doesn't do business in your state. Example: Debbie is a Texas citizen vacationing in Florida. While in …

Where can I sue in a civil case?

Suing Someone From Another State: What you need to Know. With nearly 95 million visitors to Florida every year, if you are injured in an auto accident in Florida, there is always a good chance the other driver is visiting from another state. A lot of people, therefore, wonder what will happen if the other driver is a foreign resident.

Can a resident of another state bring a defendant to court?

Apr 03, 2018 · 1 attorney answer. Yes, you can sue someone from another state. If you are filing the lawsuit then you can choose where to file it. If the transaction originated in Texas you could file in a Texas state court or federal court because the parties are from different states. It appears that you were scammed here.

What is criminal defense?

Criminal defense State, local, and municipal law. When a resident of one state wants to bring a resident of another state into the home state's court, they must prove the local court has personal jurisdiction over the defendant. This involves two things. First, most states, have a "long arm statute.". This law defines how far the court can reach ...

What is the challenge of the internet?

The internet challenges old ways of looking at personal jurisdiction. Most courts find that the constitutionality of a State's use of jurisdiction is proportional to the nature and quality of the defendant's commercial activity on the web. Courts apply a sliding scale approach.

Is personal jurisdiction proper?

If their web presence involves the knowing and repeated transmission of computer files over the internet, personal jurisdiction is proper. At the other end of the scale are those who simply post information on a website, obviously accessible to folks in foreign jurisdictions.

Can legal advice be given in an office appointment?

This answer is provided for informational purposes only. Legal advice can only be given in an office appointment by an attorney licensed in your jurisdiction with experience in the area in which your concern lies.

Does due process violate due process?

This law defines how far the court can reach out and touch someone in another state, forcing them to defend themselves here. Second, that process may not violate due process under the U.S. Constitution. A key issue in what can be a lengthy analysis is whether ...

What are the two types of jurisdiction?

To make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction . Personal jurisdiction rules determine whether a court has power over a particular defendant, whereas subject matter jurisdiction establishes the court's power to hear the kind of case a lawsuit involves.

What is the rule of law in Illinois?

The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state. For example, you sue an Illinois citizen in an Illinois state court for breach of contract. It doesn't matter where you live or where the events leading up to the lawsuit took place, ...

Can you sue someone in your home state?

Personal jurisdiction rules can be a bit stickier when you file the suit in a state other than the one in which the defendant is a citizen or does business. You can't just sue someone in your home state if the defendant doesn't live in your state, has never been in your state, and doesn't do business in your state.

What is personal jurisdiction?

To protect a defendant from being sued in a "hostile," possibly far-off location, personal jurisdiction rules require that facts exist that make it fair for a court to exercise power over a non-citizen. Here are standard situations in which courts have personal jurisdiction over non-citizens:

Can a defendant have jurisdiction over a person who owns property in your state?

You may also be able to get jurisdiction over a defendant who owns property within your state. A state has limited jurisdiction (which lawyers call "in rem" jurisdiction) over a non-resident person or business that owns real property in the state. Jurisdiction in this situation is limited in two ways:

What is the minimum contact requirement?

The "minimum contacts" requirement generally means that a defendant must have enough connection to the state where a case has been filed for a judge to conclude that it's fair for the state to exercise power over the defendant. A judge would probably conclude that "minimum contacts" exist in the following situations: ...

Does a defendant have personal jurisdiction?

Defendant Reside s or Does Business in the State. Determining that a court has personal jurisdiction over a particular defendant is easy when you file the suit in the state in which the defendant resides or does business. The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses ...

What is the minimum contact?

This is a test courts use to determine whether a person has voluntarily given a state jurisdiction to decide matters that concern him. In other words, you must “avail” yourself of the jurisdiction of a state. There are several basic ways to do this.

Do insurance companies have to be licensed?

Doing business. A company, such as an insurer, must be licensed to do business in every state where it does business. By doing business in a state, holding itself out to do business there, selling products there, and so forth, it makes itself subject to that state’s laws and jurisdiction. Voluntary presence in the state.

Can you sue someone for negligence?

You can technically sue anyone anytime for anything. Of course, this does not mean your case will succeed. If you are injured due to someone else’s negligence, you have a right to file a lawsuit seeking compensation. You must allege certain facts in order to maintain an action against another person or insurance company.

What is the process of discovery in a lawsuit?

Discovery is usually a long process. Your lawyer can use the following techniques:

What is pain and suffering?

Pain and suffering. People who are injured unfortunately experience a diminished quality of life. Pain and suffering damages are meant to compensate for that reality. You should talk with your lawyer about how a jury is likely to calculate these damages. Loss of consortium.

Can you get compensated for medical malpractice?

You can get compensated for all money spent receiving treatment to help you deal with the medical malpractice. You can also get compensated for your expected future medical needs. In order to help your lawyer calculate these damages, you should gather the following: hospital bills. doctor’s bills. rehabilitation bills.

1 attorney answer

Yes, you can sue someone from another state. If you are filing the lawsuit then you can choose where to file it. If the transaction originated in Texas you could file in a Texas state court or federal court because the parties are from different states. It appears that you were scammed here.

Kent Ninomiya

Yes, you can sue someone from another state. If you are filing the lawsuit then you can choose where to file it. If the transaction originated in Texas you could file in a Texas state court or federal court because the parties are from different states. It appears that you were scammed here.

What happens after a car accident?

After being in a car accident, where you can file your lawsuit is the first of many complicated legal questions you will face. Vacation season is upon us, and that means many will be traveling out of state. With more people on the road, that means there is a heightened potential for injuries from car accidents.

Does car insurance cover you?

Remember that your car insurance will usually cover you no matter what state you are in. Most policies provide coverage throughout the U.S., but make sure you check this before you travel! Also, no matter where the accident occurred, always do the following: Call 911.

Suing Someone Out-Of-State in Small Claims Court

• The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. Lawyers call this jurisdiction. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live. Often you...

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Exceptions For Out-Of-State Individuals

Exceptions For Out-Of-State Businesses