International jurisdiction and appeals process

[eps1677]

Not really knowing how to explain what I am interested in finding out.... the person involved in my accident has been appealing deadlines set by the state to buy additional time to serve me paper for the accident I was involved in. I dont know how many times they can appeal and extend the time given to them. The last deadline set gave them another year to try, and I dont know how much longer after that. I have gone through 3 appeals already. Is there anything that can be done by my lawyer to end these attempts to prolong the inevitable outcome of my case being dismissed for not being served? How many appeals can there be in a civil case to attempt to serve someone? This also ties into my next question which deals with international jurisdiction of state law. What further actions can be taken by my lawyer to dismiss my case based on the fact that any decision made on this civil case, in the state in which I was involved in an accident, will not be uphelp in the country I reside, where I maintain my assets. I believe there may be international treaties which may apply between countries, however would that be something at a federal level?
The person attempting to sue me has requested an unreasonably large sum of money, given damages, refusing to accept my insurance's offer to pay for his personal damages, because of his 6 figure emotional distress request, bs off course. In any case, little did he know of how hard I have worked to protect my assets. I wish to have this resolved quicker, and my lawyer cant seem to give me a straight answer of when this can happen. Closure is my only real request. Advice relating to any information mentioned herein is greatly appreciated....

 

[stephenk]

it depends. are you actively avoiding service of the summons and complaint? some courts are more sympathetic to a plaintiff if the defendant is trying to avoid service as opposed to the plaintiff just being incompetent in trying to serve you.

what state did the accident happen in and what country do you now reside in?

 

[eps1677]

The state of Florida & Brazil. To further explain my situation, I was summoned. It is my family that they are trying to get to. The problem is that I was involved in an accident with a car whose part ownership was in my farther's name. Based on that, he can be held accountable in the state of Florida. However, none of his assets are in the U.S. and he has resided in Brazil for the last 5 years. So, they must summon him there, based on some international treaty. But several factors come into play. First, the judicial system in Brazil is twice as slow as it is here, as you can imagine, and they will have to go through the Brazilian courts. What I dont understand is why the person that was in my car at the time of the accident, persists, his lawyer I mean, who must be fully aware that he would never get anything, or at least I hope he is aware. Second, there is no such law in Brazil that would even hold my father accountable in such a lawsuit, if it ever got under way. As you can see, it is not a great concern to me where this is going. We have offered several settlements, which have been rejected, and no actions have even been taken against me, since my assets, which I have long liquidated, weren't enough to even interest them.
To make a long story short, which I find hard to do, they have been appealing deadlines to serve my father, in Brazil. Previous attempts have failed, based on failing to correctly follow the appropriate procedures for serving papers in another country, and they have been appealing deadline after deadline. What I want is to find out how to get closure and put an end to this unpleasant chapter in my life. I would like to see a clear end in sight, which I don't. So, how many times can appeals be made? Last I heard from my lawyer, this was the last time, but then again, I have learned that nothing seems to be set in stone.
Another question I have is the lawsuit against me. What are the next steps after being summoned and eventually taken to trial?
Thank you for responding and I would be glad to give additional information if needed.

 

[stephenk]

you were served with the lawsuit papers? have you responded to the papers? if no, a default will be entered against you and the other party can get a judgment against you in the Florida court.

If you are actively defending the case, your insurance company will deal with the problem. Now if a judgment is obtained following the trial, the plaintiff will need to follow whatever guidelines to enforce the judgment in Brazil. You should ask your attorney if Brazil and the U.S. are part of the Hague Convention Treaty or any other treaty concerning enforcement of judgments between the two countries.