I'm trying to sue my former roomate and found out that he has moved to Arizona. I was told that the judge might dismiss the case if he requests it because I'm suing him and the papers have the current address in Arizona. I was told to serve him in Arizona but with his address he had when he was living with me. Can anyone tell me what I should do? Thanks!
2006-11-27 02:29:07 · 9 answers · asked by Yazzle Dazzle 2 in Politics & Government ➔ Law & Ethics
Well, if he is not in the state you cannot get personal jurisdiction over him unless he has certain minimum contacts with your state (complicated - ask your lawyer)
If he has property or assets in the state you can get in rem jurisdiction over him
If he shows up to defend the suit, you can get jurisdiction over him unless he makes a 'special appearance' - an appearance just to contest jurisdiction (if he argues anything else it is waived)
2006-11-27 02:52:42 · answer #1 · answered by BigD 6 · 0⤊ 0⤋
Largely depends on the charge and how much you are suing for ?
If it is minor, the judge could dismiss it. Best thing to od is gather all the evidence, present it firstly to a DJAG. He can give impartial advice. Some JAGs offices operate a transfer system. This can be costly. Again it comes down to how much you are suing for. I used The DJAG service. It was for $1,000. Well worth it. Costs were only $100. The advise I was given was to "up" the sum to cover expenses. IT WORKED !!
I hope it does for you. GOOD LUCK.
2006-11-27 10:36:47 · answer #2 · answered by tonyflair2002 4 · 1⤊ 0⤋
Because he is still in the United States the judge will likely order a continuance if your lawyer requests it to give enough time to see if the room mate can appear in court or if you go before the judge he can dismiss it if he feels the case is not strong. Definitely discuss this with your lawyer (legal counsel)
2006-11-27 10:32:32 · answer #3 · answered by naturegirl 1 · 1⤊ 0⤋
Call an attorney.... Actually you should have listed the address as yours, since that's where whatever happened that you are suing for. The Judge can dismiss it, ot the judge can continue it. Most likely, though, unless it is for something really big,
2006-11-27 11:31:50 · answer #4 · answered by mlw6366 3 · 0⤊ 0⤋
The laws regarding jurisdiction over out of state defendants can be complicated. However, in general, a private individual residing in another state must be sued in his state of residence, even if the cause of action occurred elsewhere. (There are "long arm" exceptions for doing business, operating a vehicle in another state & the like).
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2006-11-27 11:04:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You may also win a judgment by default but the law in your state may determine that. You should seek advice from a local attorney or try this link.
http://www.freeadvice.com/
Even if you were successful in the suit you might not ever receive anything. You can't force your former roommate to pay up and besides he can contest the suit or file a counter suit.
2006-11-27 10:38:39 · answer #6 · answered by Anonymous · 1⤊ 0⤋
if you are suing him for something that happened in arizon, then yes it should be dismissed. If you are suing him for something that happened where you live now then all you have to do is have him served with papers in arizona and he has the responsibility to return or be found in default.
2006-11-27 10:34:30 · answer #7 · answered by Chris Ralston 1 · 1⤊ 0⤋
You need to get with a company that serves court papers and have them served at his new address in AZ with the old address on them.
2006-11-27 10:32:49 · answer #8 · answered by Roll'n Bluntz 2 · 1⤊ 0⤋
Ask your lawyer!
2006-11-27 10:37:42 · answer #9 · answered by Christine 4 · 1⤊ 0⤋