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[-] Sueing across states - Glenda Hodge/TN (7 replies)
10/31/2007 10:18:12 AM (3095 views)
Re: Sueing across states - Kevin Ahern/CT
10/31/2007 11:02:34 AM (3415 views)
Re: Sueing across states - Robert Franco/OH
10/31/2007 11:23:38 AM (3558 views)
Re: Sueing across states - Kevin Ahern/CT
10/31/2007 12:09:08 PM (4483 views)

In many small claims courts the foreign defendant can not be sued in the small claims court of another state...Connecticut included unless the defendant owns property in  Connecticut ...in which case the court would have In Rem Jurisdiction only rather than In Personam jurisdiction over the Defendant. If this is the case...satisfaction of the judgment would be limited to the property located within the state rather than all of the Defendant's assets.

The other alternative would be to file in the Superior Court, and rely on the State's long arm jurisdiction...always risky. In Connecticut entering the contract with a Defendant located in another state does not satisfy the statute, and a well drafted motion to dismiss will be granted to the Defendant for lack of jurisdiction over the person. In some states the minimum contacts principal also needs to be satisfied...Connecticut is one of them.

If the Defendant had physically entered the forum state to do business, he most likely would be subject to the long arm statute. Negotiating the contract over the phone from a foreign state does not satisfy the statute in Connecticut.

All of these problems are avoided by filing within the Defendant's native state.

 

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Re: Sueing across states - Scott Perry/PA
10/31/2007 2:29:33 PM (3460 views)
Re: Sueing across states - Kevin Ahern/CT
10/31/2007 6:57:05 PM (3556 views)
Re: Sueing across states - Glenda Hodge/TN
10/31/2007 11:51:07 PM (3432 views)
Re: Sueing across states - Kevin Ahern/CT
11/1/2007 1:22:08 AM (3509 views)

[+] JPS Title/Michigan - Sherry Greene/MI (2 replies)
10/30/2007 4:39:38 PM (2989 views)

[+] Another "Highly Skilled" Indian Abstractor - David Bloys/TX (12 replies)
10/30/2007 2:27:04 PM (4538 views)

[+] Another No-Pay Company - Kristi Lee/NE (10 replies)
10/29/2007 10:46:18 AM (3674 views)

[+] lenders service direct, inc - DEE NYHUS/OR (1 reply)
10/29/2007 10:15:52 AM (3206 views)




[+] Do You Know... - Kevin Ahern/CT (7 replies)
10/27/2007 1:07:51 PM (3078 views)

[+] More nickel and diming - Anita Backlund/MN (8 replies)
10/25/2007 6:53:49 PM (3438 views)

[+] Railroad Right of Ways - Jean Allen/NC (1 reply)
10/25/2007 10:28:30 AM (3707 views)

[+] Give Me Access To Your Credit Or Else! - David Bloys/TX (5 replies)
10/24/2007 9:09:25 PM (3171 views)

[+] Southeast Equity Title - Susan Matson/MN (3 replies)
10/24/2007 12:43:41 PM (3625 views)

[+] REO Land Services a/k/a Real Estate One - Jill Kissell/IA (5 replies)
10/24/2007 10:44:03 AM (3264 views)

[+] Countrywide to restructure distressed mortgages - Kevin Ahern/CT (1 reply)
10/24/2007 8:32:29 AM (3203 views)

[+] Title Plant Software - Ron McPherson/IA (5 replies)
10/24/2007 1:43:18 AM (4664 views)

[+] titlesearch usa inc - donna little/CT (15 replies)
10/23/2007 9:55:38 PM (3405 views)

[+] Eclipse - Russ Frye/GA (11 replies)
10/23/2007 10:24:39 AM (3525 views)


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