I am sueing someone for $834.00 in small claims court for damages to my house. The person being sued does not live in my state. If said person dpes not show up for hearing, will authorities in her state follow through with any legal action? Obviously hearing will be held in my state.
2007-08-04 06:34:40 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you have the right to sue that person in your state (a question which involves the connections between that person and your state) and that person has been properly served, any judgment in your case is enforceable in the other state. Since you say that the damages were to your house, you probably have the right to sue the defendant in your state.
The big however is that neither state will take any action to enforce the judgment. It is up to you to enforce the judgment. If the person lives in another state, that typically means that you need to register the judgment in that other state and then file a garnishment (or other form of execution) in that state. An exception to this would be if the defendant had some assets in your state (in which case you would not have to deal with the other state but would still need to file a garnishment in your state).
2007-08-04 06:41:49 · answer #1 · answered by Tmess2 7 · 0⤊ 0⤋
If said person does not show up but has received notice of the hearing date, you should receive a default judgment. If you are just beginning the trial process it will take several trial dates, with said person receiving notice, before you get to the point where a warrant is issued. The chances of her being arrested on a warrant for small claims in another state is quite slim, but if she was in your state and got stopped for a speeding ticket, they could arrest her at that time. Best of luck.
2007-08-04 13:45:57 · answer #2 · answered by blue81696 2 · 0⤊ 0⤋
I'm not going to add anything new; just want to say that Tmess2 has the right answer. Others are off the mark. For example, you DO NOT serve the secretary of state after the judgment; you serve the defendant at the START of the case. Tmess2 is on the mark.
2007-08-04 14:23:02 · answer #3 · answered by rd211 3 · 0⤊ 0⤋
When you file suit, the Secretary of your state has to serve the complaint on the Secretary of the other person's state. That person then gets served. If the person does not answer the complaint or does not attend the trial. You get a default judgment, then it's up to you to collect on the judgment.
2007-08-04 13:39:21 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
you must serve the defendant. if the defendant is not a resident of your state, then you may have to bring the action in the state he or she lives in. laws about proper service vary from state to state. generally speaking, if you have proper service and the defendant does not come to the hearing, you will receive a default judgement. check your state laws on service of process.
2007-08-04 13:43:58 · answer #5 · answered by hensleyclaw 5 · 0⤊ 0⤋