How do I sue someone from another state

[apugetm]

What is the name of your state (only U.S. law)?
I live in Tennessee. My husband and I lend his friend in San Diego $3000.00 plus $300.00 western union fees. His account was frozen by the IRS May 2009. He never lost his job. He gave one excuse after another until he stopped answering the phone. How can we sue him from Tennessee?

 

[Banned_Princess]

What is the name of your state (only U.S. law)?
I live in Tennessee. My husband and I lend his friend in San Diego $3000.00 plus $300.00 western union fees. His account was frozen by the IRS May 2009. He never lost his job. He gave one excuse after another until he stopped answering the phone. How can we sue him from Tennessee?

You have to go to CA .

 

[Mass_Shyster]

It appears (from an unverified website) that TN small claims will let you file in the court where the defendant lives or where the injury occurred.

You can file in TN small claims court, claiming that the injury occurred in TN, and let the judge decide.

 

[racer72]

It appears (from an unverified website) that TN small claims will let you file in the court where the defendant lives or where the injury occurred.

You can file in TN small claims court, claiming that the injury occurred in TN, and let the judge decide.

But consider a Tennessee judgment is worthless against a citizen of California. You would still have to have your judgment domesticated in California which would mean a whole new hearing out west. It all depends on how much time and money you want to spend going after this deadbeat.

 

[Mass_Shyster]

But consider a Tennessee judgment is worthless against a citizen of California. You would still have to have your judgment domesticated in California which would mean a whole new hearing out west. It all depends on how much time and money you want to spend going after this deadbeat.

That's true, but domesticating a judgment does not involve arguing the merits again. My understanding is that it is more of a formality under the Uniform Enforcement of Foreign Judgments Act.

A judgment in TN is good for ten years. Once a judgment is obtained, you have more options than you do without one.

Suing in CA would involve at least one trip out there, maybe more if the defendant doesn't show or appeals. Domesticating the judgment should not require multiple trips.

The defendant is more likely to default in a TN court.

 

[latigo]

If you are not totally confused by now you should be.

BECAUSE regardless of what you have been otherwise told to the contrary –

Unless the proposed defendant (your debtor) can be personally served with summons and complaint (or such similar process issued out of a Tennessee small claims court) WITHIN THE BORDERS OF THE STATE OF TENNESSEE -

OR, the complained “conduct” of the defendant and the nature of your claim for relief falls within claims enumerated in TENNESSEE’S “LONG ARM STATUTE” (which it does not *) –

No court in the state of Tennessee could exercise personal jurisdiction over the nonresident defendant!

Consequently, any judgment that might be rendered in Tennessee short of personal service upon the defendant in that state would not be entitled to the constitutional mandate of “full faith and credit” in any sister state including California!

Thus, if you were to file in Tennessee and somehow obtain an order for service of summons outside of state (doubtful in small claims court); obtain out of state service; secure a judgment in Tennessee; file it in a Superior Court in California per Sections 1710.10-1710.65 of California’s Code of Civil Procedure (which happens to be one of 4 states that have not adopted the Uniform Enforcement of Foreign Judgment Act); - then again obtain personal service of the application upon the judgment debtor-

Your application could be successfully challenged on the grounds that the Tennessee court lacked personal jurisdiction over the judgment debtor!

____________________


[*] Pertinent provisions of Tennessee’s long arm statute:

“(a) A court may exercise personal jurisdiction over a person, who acts directly or indirectly as to a claim for relief arising from the person’s:

(1) Transacting any business in this state; **
* * * * *
(3) Causing tortuous injury by an act or omission in this state;
** * * *
(b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against that person,” (Tennessee Code Civil Procedure - Tennessee Code Section 20-2-223 -Personal jurisdiction based on conduct -)


[**] Note that the lending of money per se has been consistently held not to constitute the transaction of business as defined under the various state’s long arm statutes.

[***] Pointedly there is nothing in your post to indicate that you have a claim against the nonresident for a tortuous act or omissioin.

 

[Mass_Shyster]

OR, the complained “conduct” of the defendant and the nature of your claim for relief falls within claims enumerated in TENNESSEE’S “LONG ARM STATUTE” (which it does not *) –

I don't feel that enough information was given to make that determination.