I've been sued for $4500 in my previous home state of CA. I'm living overseas now. Does the court have jurisdiction over me? Is general jurisdiction based on residence while the cause of action occurred or on current residence? Will they serve me all the way here for that little money? I'm prepared to file a motion to demurr or to quash based on improper service and/or lack of personal jurisdiction.
2007-08-03 15:55:31 · 4 answers · asked by M C 1 in Politics & Government ➔ Law & Ethics
You don't offer enough facts to provide a definitive answer, but - I suggest that you'll both lose the motion and, if you don't answer, a default judgment for the $4500.
If the cause of action arose through your purposeful contacts with California, the fact that you are now overseas does not preclude your being served, and both subject matter and personal jurisdiction being established.
2007-08-08 09:34:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
General jurisdiction would be based on domicile at the time the complaint is filed, so they can't use that if you are no longer domiciled in CA.
From there, there are two questions. First, does CA's long arm statute give the court jurisdiction. I believe CA's statute allows jurisdiction to the extent that the constitution would allow.
The second question is whether exercising jurisdiction over you would be acceptable under the due process clause of the 14th Amendment. The question is whether you have sufficient minimum contacts with CA to make that a fair forum for deciding this case.
Trying to serve you in another country over $4500 seems a little ridiculous, but you never can tell what some people will do. If they do serve you, and you file a motion or an answer, be careful that what you are filing will not be construed as consent to the court's exercise of jurisdiction.
2007-08-03 16:11:31 · answer #2 · answered by Jane 2 · 0⤊ 0⤋
It has subject matter jurisdiction if the actions you performed (the subject matter of the lawsuit) occurred in CA..
The court also has "in rem" jurisdiction over any property that you still have in California.
It would not have personal jurisdiction over you while you are overseas....but the suit can wait until you return to the states.
2007-08-03 16:13:38 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
If the alleged incident happened in California then the case is under California jurisdiction and they can try you.
2007-08-09 09:55:36 · answer #4 · answered by LC 2 · 0⤊ 0⤋