Help on Jurisdiction

[Rexlan]

Hi All:

I live in Virginia. I sold a property I have in Alaska to a party in Georgia. The contract required a $10,000 earnest money.

The Georgia party mailed a $10,000 check to me in Virginia. The check turned out to be NSF – lucky me. I took a criminal felony warrant on him and he will stand trial eventually. The law in both Georgia and in Virginia gives me a right to a civil action also.

The party in Georgia lived in Walton county when he wrote and mailed the check. It is also drawn on a bank in Walton County. His name is Gary L. Hennessee in case you are curious. He has recently moved to Bryan County, Georgia.

Question is about jurisdiction of a non-resident:

I know how and the proper court to file in. My question is can I file this case in Virginia where I live and received the check? This is where he is being prosecuted on the criminal action.

If I can not file in Virginia do I have to file it in the county where he now lives (always an option) or do I file it in the country he lived when he wrote the check?

Second question: The Virginia statutes state that jurisdiction is proper where the offense was committed. So was the offense of the NSF check committed when it was written or where it was presented for payment?

No guessing please as this is important.

For MEGANPROSER …. I have successfully kicked him around the Superior Court on the contract issues so far. His first atty. quit last week … lol. I objected and the judge required substitute counsel. I also filed a sanctions motion on him and I have a pretty good hunch I will win it as well. I have a summary judgment motion pending on specific performance that I think I will prevail on as well. Life is good.

Thanks all!

 

[shortbus]

It depends on the nature of the Virginia "long-arm" statute authorizing jurisdiction on out-of-state residents. He knew he was doing business with a Virginia resident (he sent a check to you) so probably jurisdiction is ok.

In any case, why do you want to make life easier for him by filing in his home venue? File in Virginia. If he wants to make a motion to contest jurisdiction, let him. If he never shows up, you can win a default judgment.

 

[Rexlan]

It depends on the nature of the Virginia "long-arm" statute authorizing jurisdiction on out-of-state residents. He knew he was doing business with a Virginia resident (he sent a check to you) so probably jurisdiction is ok.

In any case, why do you want to make life easier for him by filing in his home venue? File in Virginia. If he wants to make a motion to contest jurisdiction, let him. If he never shows up, you can win a default judgment.

Thanks for the thoughtful input. I agree that I want to file the case here in Virginia. I had to file the main civil case in Georgia but this is a separate issue just for the check. However, I am pretty good in the court but unsure of myself on the jurisdiction issue and just want to get it right the first time.

I have reviewed the long-arm statute at length but it is still a gray area as to whether or no we were "doing business" or just engaging in a contract.
RL

 

[shortbus]

You were in the process of completing a land contract. That's "doing business".

 

[Rexlan]

You were in the process of completing a land contract. That's "doing business".

Thanks again for the input .... It is not clear if the statute relates to a business doing business or if just individualy were doing business for that purpose. I certainly agree that we were doing some business. Probably worth a shot ... worst case is that the court will toss it out then I would have to go to GA I guess. Filing fee for District Court is not much to loose considering a $10,000 check is involved.

Thanks all.