Legal Question in Civil Litigation in California

Internet

I am being sued by an out of state company for selling some items on the net.

Beings i dont live in there state, and have no ties there at all, do they have jurisdiction over me?

See item listed below that i found about this''

Personal Jurisdiction: The Basics

No matter what the subject, a court will not hear your case unless it has personal jurisdiction over all the parties involved. Having personal jurisdiction means that the court has the Constitutional right (legal power) to make a binding decision over the person doing the suing (the plaintiff) and the person being sued (the defendant).

Usually it's no problem to assert jurisdiction in a local court over a defendant who resides or operates a business in your state.


Asked on 11/25/08, 2:10 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Internet

Regradless, you will need to hire an attorney in the offending state to file a motion to quash service of summons on the ground the court has no jurisdiction. Whether the court in the plaintiff's state has jurisdiction depends on your contacts with that state. Just selling a few items to a resident of that state would not constitute jurisdiction. However, if you sell frequently to that state, hire shiiping services in that state, use a warehouse in that state, or advertise within that state, the court in that state could consider itself to have jurisdiction.

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Answered on 11/25/08, 3:39 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Internet

answered below

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Answered on 11/25/08, 7:47 pm


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