If I need to sue someone in a different state, where do I file the case, in my home state or theirs? Also, do I need to contact a lawyer from their state or mine?
2007-04-17 08:19:09 · 9 answers · asked by Bluebellringy 3 in Politics & Government ➔ Law & Ethics
I'm not an attorney. I'm a paralegal, but this is basic litigation. This is called jurisdiction. You could file the action in the state where the person you want to sue (Defendant) lives, but if the act for which you want to sue occurred in your area, you have the right, and it is highly advisable as it is a better strategic maneuver as well as more convenient for you, to file in your area. This is called "long-arm jurisdiction." If you choose to file in your area, then choose an attorney from your area. If the act occurred in the state where the Defendant lives, then you have to file in that state and it is best to choose an attorney for you who lives near the courthouse where the action will be heard to save you travel costs.
2007-04-17 08:24:22 · answer #1 · answered by Venice Girl 6 · 1⤊ 1⤋
Either state would have jurisdiction IF the person also has ties with your home state. For example, if he sold you something while he was in your home state, your state has jurisdiction. But for practical reasons, it's better to sue in his state, since even though you'll need to hire an attorney from that state when you do it, you can get service of process more easily. Your state may not be able to force him to appear in court as easily as the state he lives in.
2007-04-17 15:37:07 · answer #2 · answered by cross-stitch kelly 7 · 0⤊ 1⤋
It depends on where the situation occured, if it was in your state yes. but you will need to have the other party served. In addition, you can get an attorney from your state. Now this maybe the tricky part because most will say they can't. However, an attorney that is barred in your state can only handle on case out of state at a time with special permmission from the courts.
Good luck & e-mail me @ sweetdreams_0423@yahoo.com to discuss further.
2007-04-17 15:23:38 · answer #3 · answered by sweetdreams_0423 3 · 0⤊ 2⤋
Depends on the type of case. If the case needs to be filed in their state, you would need to get a lawyer who is licensed to practice in that state (or the lawyer in your state will need to file a motion with the "foreign" court to allow him to adjudicate the case in a state where he may not be licensed).
2007-04-17 15:23:31 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Trained as a paralegal -
You sue in the county that the incident occured in normally. For example, if a person punched you in the face while on vacation in Ft. Lauderdale, THAT is where you would file your suit. You would contact an attorney in the county you sue in - otherwise you will be paying travel expenses and long distance bills, etc. for the attorney and his staff.
2007-04-17 15:24:02 · answer #5 · answered by ? 3 · 1⤊ 1⤋
Generally speaking, state courts retain jurisdiction over residents of the state in which the court resides and over any action which arises out of an act or transaction within that state. There are some exceptions. You should seek the advice of a lawyer in your area.
2007-04-17 15:22:57 · answer #6 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 1⤋
I am pretty sure you have to file it in their state and it would be better to contact an attorney from that state. Sometimes it depends on the type of case.
2007-04-17 15:22:00 · answer #7 · answered by Ima Stressed Out 5 · 1⤊ 2⤋
You must file in their state and use a lawyer registered in their state as well. (Lawyers must pass the bar exam in each state in order to practice law. Not all state bar exams are the same. )
2007-04-17 15:27:10 · answer #8 · answered by Enchanted 7 · 0⤊ 1⤋
You need to file in their home state.A lawyer from any state,including yours,will do.Good luck.
2007-04-17 15:22:16 · answer #9 · answered by rbrennum 3 · 0⤊ 3⤋