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If a Florida resident files a civil suit against a Texas resident for $4,000, is the Texas resident expected to travel down there and defend the suit, or does the Florida resident have to take their case to Texas? This is really not a whole lot of money, and filed out of spite over a breakup. Is it true that subpoenas to out of state residents in this type of civil case is unenforceable and worst case would be a default judgement for damages claimed?

2007-08-12 07:14:21 · 5 answers · asked by CYS 1 in Politics & Government Law & Ethics

5 answers

The attorney for the person in Florida would have to serve the person in Texas. That's how you get jurisdiction over someone in a different state.

2007-08-12 07:55:45 · answer #1 · answered by .. 5 · 0 0

The concept is called "personal jurisdiction".

A court can only issue a binding judgment against someone -- and therefore will only allow a case involving them -- if the court has personal jurisdiction over the person.

A court in Texas would have personal jurisdiction because the defendant lives in Texas.

A court in Florida would only have personal jurisdiction if the hostile actions (the subject of the suit) occurred in Florida, or under certain "long arm" statutes if the defendant had specifically and intentionally interacted with the plaintiff in Florida.

2007-08-12 07:22:03 · answer #2 · answered by coragryph 7 · 1 0

If the Florida court believes they have jurisdiction over you, and enters a judgment accordingly, the judgment is binding against you and then it can be entered as a 'foreign' judgment in Texas.

2007-08-12 07:22:14 · answer #3 · answered by Anonymous · 1 0

The POA lives in Georgia.
The person involved in the accident lives in Mississippi.
Where must a lawsuit be filed?

2014-08-31 04:51:46 · answer #4 · answered by Anonymous · 0 0

The TV program of real civil cases "Judge Judy" has lots of cases where the parties come from different cities. Why not contacting them, or any of the many similar programs in different TV channels?

They are VERY impartial, very sharp and it needs no lawyers who can drain you of everything you got!

Good luck! Adela

2007-08-12 07:28:50 · answer #5 · answered by Anonymous · 0 2

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