Lisa

You are certainly free to agree or disagree with whatever you like. I am simply stating that the examples you have posed are not an iron clad rule in this state. I have litigated these issues on a number of occasions. Your law in Texas may be different, but in so far as Connecticut is concerned, you can not sue a non-resident in small claims court. Sending material through the mail when the defendant has not physically entered the state or conducting business over the phone without his physically entering the state will not constitute minimum contacts to invoke the state's long arm jurisdiction, at least in contract cases. The minimum contacts theory is based on the issue of whether the defendant has engaged in conduct such that he could reasonably expect to be dragged into a court located in a state other than one in his state of citizenship.

If your local laws of Texas allow to litigate to the contrary, go for it. It would not work in Connecticut.

There is also a difference when suing a defendant who is physically present in the state and one who is not physically present, but has entered the state to transact business. (i.e.) sending a salesman into another state to drum up sales). If a defendant has established a place of business within the state he is physically present, and he appoints the Secretary of State as his agent to receive process. In cases where the defendant is physically present with the state, the minimum contacts theory does not apply.

In cases in which the Defendant has no place of business within the state, sending a salesman into the state would establish minimum contacts. In fact, Connecticut's long arm statute lists that as one example of submitting to the Court's jurisdiction here. Negotiating business by interstate phone call or sending material through the mail would not be sufficient to create minimum contacts under Connecticut law in the matter of a suit for contract breach. It may suffice in a tort suit.