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Out of state former tenant refuses to pay rent

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TheSprite

Junior Member
What is the name of your state (only U.S. law)?
Virginia

My former deadbeat tenant refuses to pay the rent he owes me. Inspite of repeated attempts to contact him, he refuses to reply/pay. Since this guy is outta state (NJ) how do i go about filing my case in small claims court.
How do i serve him papers, do i have to contact the sheriff in his home town ?
 


Ohiogal

Queen Bee
Is your property in VA that he rented? If so, then racer is wrong and you need to follow the rules of service for VA when it deals with out of state litigants.
 

TheSprite

Junior Member
Is your property in VA that he rented? If so, then racer is wrong and you need to follow the rules of service for VA when it deals with out of state litigants.
Yes the property is in VA.
But how do i have a sheriff serve him papers in NJ ?
 

latigo

Senior Member
What is the name of your state (only U.S. law)?
Virginia

My former deadbeat tenant refuses to pay the rent he owes me. Inspite of repeated attempts to contact him, he refuses to reply/pay. Since this guy is outta state (NJ) how do i go about filing my case in small claims court.
How do i serve him papers, do i have to contact the sheriff in his home town ?
You say that you intend to file your claim in Virginia small claims court.

If so, how do you propose to convince the judge that such a court of limited jurisdiction and guided by relaxed and informal rules of procedure can assume personal jurisdiction over your nonresident defendant? Assuming that is, that personal service cannot be obtained within the state.

In other words, are you certain that a Virginia small claims court can invoke the state's long arm statute entitling it to exercise personal jurisdiction over a nonresident defendant?

If I were you, I'd be MORE concerned about obtaining a Virginia money judgment confident that it will be entitled to full faith and credit and thus enforceable in New Jersey THAN fussing over who performs the needed service of process.
 

Zigner

Senior Member, Non-Attorney
You say that you intend to file your claim in Virginia small claims court.

If so, how do you propose to convince the judge that such a court of limited jurisdiction and guided by relaxed and informal rules of procedure can assume personal jurisdiction over your nonresident defendant? Assuming that is, that personal service cannot be obtained within the state.

In other words, are you certain that a Virginia small claims court can invoke the state's long arm statute entitling it to exercise personal jurisdiction over a nonresident defendant?

If I were you, I'd be MORE concerned about obtaining a Virginia money judgment confident that it will be entitled to full faith and credit and thus enforceable in New Jersey THAN fussing over who performs the needed service of process.
The OP has said nothing to indicated the VA wouldn't have personal jurisdiction. It is just as likely that the defendant hasn't resided in NJ long enough to establish residency.
 

latigo

Senior Member
The OP has said nothing to indicated the VA wouldn't have personal jurisdiction. It is just as likely that the defendant hasn't resided in NJ long enough to establish residency. (?).
The "appropriate" Virginia court would have personal jurisdiction under Section 8.01-328.1(A)(1) of that state's long arm statute.

The question I raised is whether or not a small claims court is the appropriate venue to pursue a personal judgment against a nonresident defendant under the long arm statute. It wouldn't be in my state. As here the plaintiff would need to file a motion and affidavit for the issuance of an order for service out of state, etc., etc.- all of which is beyond the capacity of such a court
____________

However Z, with all due respect I'm at a loss to understand your objective in adding the following:

"It is just as likely that the defendant hasn't resided in NJ long enough to establish residency."

I can see no other meaning to it other than expressing the belief (mistaken in my opinion) that for purposes of a tribunal obtaining personal jurisdiction the "established residency" of a defendant prevails over the defendant's physical presence or whereabouts.

To me it suggests (wrongfully I believe) that absent an artificial statute such as the long arm statutes a state court can extend its jurisdiction beyond its borders provided the subject defendant was once a resident of the state and has yet to have established residency elsewhere.

Which is not to be taken to mean that I know what is meant by "establishing residency". Not in this context.
 
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Zigner

Senior Member, Non-Attorney
It also wrongly suggests that absent a statute extending in personam jurisdiction (such as a long arm statute) a given state court can assume extraterritorial jurisdiction over a former resident of the state until such time as they have established residency elsewhere.
Logically, if they haven't established residency elsewhere, then they aren't a "former resident".
 

Ohiogal

Queen Bee
Logically, if they haven't established residency elsewhere, then they aren't a "former resident".
The problem is that that is FAULTY logic. And not legally supportable. Establishing residency requires NOT time in a state or place. That is only for legal proceedings.
 

Zigner

Senior Member, Non-Attorney
The problem is that that is FAULTY logic. And not legally supportable. Establishing residency requires NOT time in a state or place. That is only for legal proceedings.
We're talking about legal proceedings here...aren't we?


But, I will cede to Lat and you on this - I do understand that "logically" and "legally" don't always correspond to each other. ;)
 

TheSprite

Junior Member
We're talking about legal proceedings here...aren't we?


But, I will cede to Lat and you on this - I do understand that "logically" and "legally" don't always correspond to each other. ;)
My former tenant had his official residence at my place (atleast when he left). I understand he still has plans to reside in VA so most probably will hold on to it.
 

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