Legal Question in Civil Litigation in Florida

Being sued by resident of another state

I do web programming to bring in some extra income and one of my clients is demanding a refund. He is bringing me to court. The problem is he lives in Florida and I live in Texas. Where should the lawsuit be filed?


Asked on 12/18/03, 3:08 am

3 Answers from Attorneys

Re: Being sued by resident of another state

What is the amount in controversy?

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Answered on 12/18/03, 7:39 am
David Slater David P. Slater, Esq.

Re: Being sued by resident of another state

From what little information supplied the answer is probably Texas.

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Answered on 12/18/03, 8:13 am
Peter Bradie Bradie, Bradie & Bradie

Re: Being sued by resident of another state

That's a tough call, since venue is determined strictly by the facts. Did you solicit his business and how, or did he contact you? Has he had any contacts with Texas, or have you had any contacts with Florida? Usually the proper venue is where the defendant (you) can be found. However, sometimes it's where the contract was made or was to be performed.

If you've not had significant contacts with Florida (and here you have to be careful if you had a website that solicited the business) then probably Florida cannot have personal jurisdiction over you so the proper venue for the lawsuit would be Texas.

Having said that, if you are sued in Florida, the first thing you'd have to file is a plea to the jurisdiction, and you'd want to get a local attorney for that.

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Answered on 12/18/03, 10:03 am


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