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When a defendant lives out of the state where the lawsuit was filed can he still be deposed in the state where the suit was filed or in his hom state?
Wiki User
∙ 14y ago
If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you have not appeared in the lawsuit then you do not have to appear for a deposition in the other state. For more information contact us at http://www.eglaw.com
Wiki User
∙ 14y ago
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Can a person living in Alabama file a lawsuit in Georgia?
Yes, although you may need to find a lawyer that is licensed to practice in Georgia. Jurisdiction is generally dictated by where the Defendant lives, not where the Plaintiff lives.
Can you file a restraining order from a court out ove town and serve it in another town?
A petition for a restraining order must normally be filed in the same county where the defendant lives, because the court must have personal jurisdiction over the defendant.
If a person borrows money and lives in the same state where that transaction took place can the other person who now lives out of state sue them in the new state where they live?
In nearly ever situation the answer would be no. The new state would have no personal jurisdiction over the debtor. The lawsuit should be filed where the borrower lives.
How can you quickly stop all new transactions on your joint accounts?
Go to the bank and take your name off the account and remove the money. Close the account if they will let you do it without having the other person sign. You also may be able to get a quick order from a judge to freeze the account if you have good reason. * If this is in connection to a lawsuit judgment, once the lawsuit has been filed the account holder(s) cannot close or transfer any existing accounts unless the lawsuit is against only one account holder. In addition no bank accounts or property can be transferred or sold under such circumstances if the defendant is married and lives in a community property state.
What do you do when you've been served papers for a lawsuit that is not for you but for another family member with the same name and that person no longer lives in the state?
You can refuse to accept them telling the server that you are not the defendant. If you already have the papers, send them back to the plainitff or attorney and state that you are not the defendant. You must not ignore this. If you do, plaintiff will get a default judgment against you and you will have to go to court to have it set aside. That will cost you money and a damaged credit history.
What can the plaintiff who lives in Pennsylvania and has a child support order in Pennsylvania do to get arrears paid from defendant who lives in Massachsetts?
The plaintiff should contact the PA child support agency.
Does overturning a case mean the defendant is innocent?
no... he or she will go to jail for the rest of there lives because they had done something illegal
How do you file a small claims suit in a different state?
Assuming that you have the right to file in a different state (such as because the defendant or one of them lives there, or the cause of action arose there), the general process is similar as that of other states. Broadly, you have to state a "short and plain statement" of why you are entitled to relief. This could be, for example, because the person being sued breached a contract. If it was a written contract, you should state what each party was to do and what the defendant failed to do. It should also state how and in what amount you were damaged. A copy of the written contract should be attached. If the suit is based on a verbal contract, you need to state the same facts as above, but there would be nothing to attach. If the suit was based upon a tort (a "personal wrong", such as negligence), you would state what the defendant did or failed to do that harmed you under the circumstances, and how you were damaged. In either instance, the allegations of the complaint have to be in writing and signed by you. The Clerk of the Court where the suit will be filed may have forms available that you should use. The lawsuit must be filed with the Court, and a filing fee will be required. Request from the Clerk a "true copy" of the summons and complaint, showing the case number assigned to it. A summons is a document that directs the sheriff or the process server to deliver the lawsuit to the person being sued. A form for the summons will be available at the Clerk of Court's office. If the person is out of state, you will need to determine the county in which he/she lives, the location of the sheriff's office or of a process server to serve the lawsuit, and the cost of having it served. Send the copy of the summons and complaint, together with payment of the charge for service to the sheriff or the process server with a cover letter asking that it be served. Enclose a stamped, self-addressed envelope to return to you the proof of service showing that the defendant was served. If the sheriff or process server returns an original and a copy of the return of service to you, file the original with the court and keep a copy for your records.
Can an American be sued from Canada?
You can be sued in the county where the claim originates. No matter who the plaintiff/defendant are or where they live. In other words, say you live in Smith County. You sell John Q. Public, who lives in Canada, a painting claiming it is an authentic Monet. He finds out that it was actually painted by your 6 year old neice. He can sue you in the court located in Smith County. He can petition that the case be heard at another courthouse but it has to be originally filed in the county where the claim originated.
Which state does the agreement get filed where the child lives or where the paying party lives?
Any agreement must be filed at the court with jurisdiction over the case- the court that issued the order.Any agreement must be filed at the court with jurisdiction over the case- the court that issued the order.Any agreement must be filed at the court with jurisdiction over the case- the court that issued the order.Any agreement must be filed at the court with jurisdiction over the case- the court that issued the order.
Is child support base on where the child live or where the father live?
It is based on where the cs order has been filed. Child Support orders should be filed in the state where the child lives with the custodial parent.
Can a lien be placed on your home or property for a defaulted car loan?
In most states yes it can. This can only be done after due process according to state laws where the debtor lives has been followed. Meaning a lawsuit filed and won, a writ of judgment granted and the judgment executed as a lien. There can be a few exceptions, pertaining mainly to married couples and whether it is a joint debt.
