State Jurisdiction laws? please help

[freshstart21]

Hello,
I moved from Wisconsin to Arkansas. I was served in Arkansas with papers for small claims court in Wisconsin from my ex landlord, by some other person. I do owe them past due rent, but I dont agree to the amount that are claiming for damages. My question is, does the state of wisconsin have jurisdiction over me as I am no longer a citizen of Wisconsin? I have read that they do not and my landlord would have to file this lawsuit againist me in my state of citizenship. The law behind this, or basic rule is that to protect defendants from being sued in 'hostile' possibly far off places and them being forced to appear in any state they are sued, certain rules have to apply if they are non citizens 1. they were served in that state,( I wasnt served in Wisconsin) 2. Traffic accident in the state, this is not a traffic issue 3. Deffendant has some contact within state( reading into it they meant owes land or bussiness within state or uses state to conduct bussiness-I dont)
I have come across many questions from landlords online with the same issues, where some stated that when a tenant moves out of state they have to file the lawsuit in the state the tenant currently lives in, and if they didnt their case got thrown out for jurisdiction. Other were saying that you can sue them in the state that the rental agreement happened and if the tenant shows up, their showing up, consent, waives the jurisdiction.

Does anyone have any advice and help?

 

[Zigner]

I think you had better not ignore this lawsuit. I also think that the prior state will have jurisdiction over you in this matter.

 

[Silverplum]

Hello,
I moved from Wisconsin to Arkansas. I was served in Arkansas with papers for small claims court in Wisconsin from my ex landlord, by some other person. I do owe them past due rent, but I dont agree to the amount that are claiming for damages. My question is, does the state of wisconsin have jurisdiction over me as I am no longer a citizen of Wisconsin? I have read that they do not and my landlord would have to file this lawsuit againist me in my state of citizenship. The law behind this, or basic rule is that to protect defendants from being sued in 'hostile' possibly far off places and them being forced to appear in any state they are sued, certain rules have to apply if they are non citizens 1. they were served in that state,( I wasnt served in Wisconsin) 2. Traffic accident in the state, this is not a traffic issue 3. Deffendant has some contact within state( reading into it they meant owes land or bussiness within state or uses state to conduct bussiness-I dont)
I have come across many questions from landlords online with the same issues, where some stated that when a tenant moves out of state they have to file the lawsuit in the state the tenant currently lives in, and if they didnt their case got thrown out for jurisdiction. Other were saying that you can sue them in the state that the rental agreement happened and if the tenant shows up, their showing up, consent, waives the jurisdiction.

Does anyone have any advice and help?

I have no idea where you got your "legal information," but I don't see anything like it in my brief internet search. I'm not buying it.

 

[freshstart21]

One of the places I found was nolo.com.
I'm asking a question not ignoring it? Confused as to why that is all you have to say.

 

[Silverplum]

One of the places I found was nolo.com.
I'm asking a question not ignoring it? Confused as to why that is all you have to say.

To un-confuse you: pay the back rent and damages beyond your deposit. That would clear your problem right up.

 

[freshstart21]

That doesn't answer the legal question regarding jurisdiction.

 

[freshstart21]

Also, the line about confusion wasn't towards you. I was confused at why the first thing the other poster said was not to ignore the lawsuit. I am inquiring about a legal issue.

 

[freshstart21]

I looked it up, and it could be used to support both sides. You have to go through proper channels and since I am a non citizen of the state of Wisconsin, Im asking if proper channels would mean this case is thrown out and landlord would have every right to file again in my state of residence? That is my question.

 

[Zigner]

When did this happen?

Research the "long-arm" statute for the state where you are being sued.

 

[quincy]

I looked it up, and it could be used to support both sides. You have to go through proper channels and since I am a non citizen of the state of Wisconsin, Im asking if proper channels would mean this case is thrown out and landlord would have every right to file again in my state of residence? That is my question.

freshstart21, here is a link to Wisconsin small claims actions: http://www.wicourts.gov/formdisplay/SC-6000_instructions.pdf?formNumber=SC-6000&formType=Instructions&formatId=28&language=en

See page 4 of the Small Claims Guide, "Where do I file my Small Claims case?"

Always, a legal action can be filed in the state where the defendant resides - in your case, Arkansas. If the landlord wanted to, he could file his claim against you in your state.

The landlord could also file his suit where the cause of action arose - in this case, Wisconsin.

But the jurisdiction of the court can be argued. Whether you would win any jurisdictional argument is a question mark.

I suggest you read through the small claims guide to learn what you are expected to do, now that you have been served. You are allowed to have an attorney represent you in small claims actions in Wisconsin. Not all states permit attorneys in small claims courts.