suing someone in other state, which state lawyer do you need

You should hire an attorney who is licensed in the state where you want to sue. If you don’t hire an attorney, then you will need to constantly travel to the state where you filed suit for a variety of hearings and arguments on different motions. However, if you hire an attorney, then this person can handle the lawsuit for you.

Full Answer

Can I sue someone who is not in the same state?

Suing Someone in Another State and Winning. Although most Small Claims Courts serve in particular counties, in respect to specific dollar restrictions that do not requisite pursuing legal action against someone who is a great distance away.. This brings the concept of “personal jurisdiction” into account — personal jurisdiction covers whether a state has jurisdiction over an …

Can a business be sued in any state?

Yes. 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 …

Where can I sue in a civil case?

You may need to put to the court that you are relying on a particular law that allows you to bring a claim from a different state, though this may not be necessary in many circumstances. You will …

Can I sue for personal injury?

Mar 30, 2016 · 3 attorney answers. Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions. You …

Where is the only place that one state can sue another state?

How is personal jurisdiction determined?

How do I sue someone in Texas?

How do I sue someone in California?

What are the 2 facts required to prove a court has personal jurisdiction over a defendant?

What two requirements must be satisfied in order for a court to exert personal jurisdiction over a defendant?

What can you sue someone for?

Can you sue the state of Texas?

How much does it cost to file a civil suit in Texas?

How much does it cost to sue someone in California?

What are the easiest things to sue for?

What are good reasons to sue?

What does it mean to do business in a state?

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. Much like doing business, when you travel to another state, whether for business or personal reasons, you are subjecting yourself to its laws.

Do insurers have to be licensed in every state?

State of residence. It is assumed in the law that you choose your home state. Therefore, you are always subject to the jurisdiction of state courts in your state. A company, such as an insurer, must be licensed to do business in every state where it does business.

Can an accident be moved to the middle district of Florida?

In a very abstract sense, yes. In some limited cases, these types of cases can be removed from the state courts and transferred to federal courts. For instance, if no defendant resides in Florida, he or she could seek removal to the nearest Federal District Court in Florida. So an accident in Bradenton could possibly be moved to the Middle District of Florida. The court will still use Florida laws to decide the case, however. In some instances, the insurance company will also be named a defendant. If the insurance company does business in Florida, then this typically eliminates the chance of removal.

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.

Can you sue someone for good faith?

If you can in good faith make such allegations, then you likely can sue the other party. The question now boils down to which court will hear the case.

Can an insurance company be a defendant in a case in Florida?

The court will still use Florida laws to decide the case, however. In some instances, the insurance company will also be named a defendant. If the insurance company does business in Florida, then this typically eliminates the chance of removal.

Is a driver who injures a Florida resident subject to the jurisdiction of this state?

Much like doing business, when you travel to another state, whether for business or personal reasons, you are subjecting yourself to its laws. Therefore, a driver who injures a Florida resident in this state is subject to the jurisdiction of this state.

Where to file a lawsuit if you are interstate?

If the person you are suing is located interstate, consider whether it is appropriate to file your claim in a Court local to the person you are suing, or perhaps whether you are relying on federal (Australia-wide) jurisdiction and so should file in a Federal Court. In many circumstances, even when turning your mind to jurisdiction, you may conclude that the Courts located near you are the appropriate Court in any event.

What is the purpose of jurisdiction in a lawsuit?

Jurisdiction is the power (or more accurately authority) to make a decision on an issue. This is important to consider as different Courts have different powers and are limited by those powers.

When is an interstate notice required?

The notice is required when you have an interstate litigant.

Can you sue someone in another state?

How to sue someone in a different state. It is quite common in civil litigation proceedings for the Defendant or Plaintiff to be located in another state. The person you are intending to sue may live interstate or their registered office may be interstate. Either way, there are a number of things to think about if you intend to sue someone who is ...

Is the court located near you the appropriate court?

In many circumstances, even when turning your mind to jurisdiction, you may conclude that the Courts located near you are the appropriate Court in any event . It is also important to consider whether the actual law is different in the different state, and if the issue in dispute arose in a different state again, ...

Can you sue someone in an interstate court?

Interstate proceedings can cause issues if they are not considered carefully at the start. Being located in a different state does not protect you from a claim, and it can be quite easy to sue your opponent notwithstanding they are not located in the same state as you. Nevertheless, you will need to consider more issues to ensure that you correctly follow the legal process and do not fall foul to a costs order.

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

Who has the power to hear cases involving individuals who live in or are present in the state?

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.

What does a business do in your state?

the business does regular business in your state by selling products or services, employing a sales rep who calls on you personally or by phone to solicit business, sending you a catalog to solicit your business, or placing advertising in your state's media.

What is a small claims court?

Small claims courts are local courts designated to serve a particular county. This makes sense because usually the dollar amounts allowed in small claims cases aren't large enough to justify people traveling great distances to go to court, and normally, your dispute will be with a person or business located nearby.

Can you sue a graphic designer in Maine?

You complete the work on time but the designer refuses to pay you. Can you sue the designer in Maine's small claims court? Yes. It's arguable whether the contract was negotiated in Maine, but it's a fact that you performed the work in Maine. Thu s, you can sue the designer in Maine small claims court if you can serve your court papers on the designer within Maine's borders.

Can you sue someone who lives far away from you?

Occasionally, however, the person or business you want to sue lives far from where you live. How you should proceed depends on whether the defendant is located in your state or a different state.

Can a non-resident be sued for a car accident?

A nonresident who has a vehicle accident in your state can be sued in your state's small claims court no matter where that person lives. Similarly, a nonresident owner of a vehicle can be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident.

Can you sue an out-of-state resident?

There are, however, circumstances under which you can use your state's small claims court to sue an out-of-state resident: Out-of-state residents can successfully be sued in your state if you manage to serve them with court papers while they're physically within your state's borders and if the dispute arose in your state.

What did the Lawson case say about out of state sellers?

Lawson, the court ruled that the out of state private seller did not engage in sufficient activity to make it fair and reasonable under the constitution to require them to defend the case out of their own state. Law doesn't change as quickly as technology.

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 ...

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 you break criminal laws in one state and try to hide in another?

Those who break criminal laws in one state and try to hide in another state find that the long arm of the law has much less trouble reaching out and grabbing them. The above glimpse of the civil law has nothing to do with that.

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.

What happens if you don't assert a defense in a lawsuit?

If you fail to assert defenses or to make any claims you may have against the other side, there is the possibility that you will lose all rights to assert these defenses or counterclaims at a later date .

What does "served with a copy of the complaint" mean?

Presence in the state – being served with a copy of the complaint while being physically present in the state, in which the lawsuit has been filed, gives the court jurisdiction over you. Therefore, if you are passing through the state in which the suit is filed, and you receive proper service of the document, the court will have jurisdiction over you. This may be a difficult situation to avoid if you are not aware that you are being sued and you arrive in a particular state and are confronted with legal service.

Is there a jurisdictional issue in business?

Often we do business with companies or individuals that are not residents of the state in which we reside, If there is a dispute that requires a resolution through the court system , there may be a jurisdictional issue.

Can a judgment be obtained against you?

In my practice, I have seen far too many situations in which defendants have received notice of judgments against them from out of state lawsuits simply because the defendants have ignored the complaint. Regardless, of whether there is a valid claim against you or your company, if you fail to follow procedure, a judgment may be obtained against you or your company. Do not subject yourself to another state’s jurisdiction, or lose your rights to counter a suit, by not consulting an attorney.

Can you be sued in a state where you live?

However, in most states you must also be sued in the particular county in which you reside or in which your business is located. This means that regardless of where the dispute occurred, you can be sued in the state and county in which you reside.

What is the power of a court to decide a lawsuit?

Before you file a lawsuit, be sure the court has power over the individual or business that you want to sue. Federal and state laws grant and limit courts' jurisdiction -- that is, the power to hear and decide a particular case. To make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction ...

How to determine if a court has personal jurisdiction?

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 that are citizens of or do business in that 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:

What is jurisdiction based on?

Jurisdiction Based on Real Property Ownership. 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 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 maximum amount of judgment you can get for a non-citizen who owns an apartment

Jurisdiction extends only to the fair market value of the real property. This means that if you sue a non-citizen who owns an apartment house worth $500,000, the most your judgment can be worth is $500,000. In addition, the claim probably has to relate to the property.

Where does Aura file the lawsuit?

She then discovers the coins are actually worth only a few hundred dollars and wants to sue Fred. Aura will have to file the lawsuit in Vermont.