Legal Question in Civil Litigation in New York

NY jurisdiction in NC

My partner & I formed a C-corp. corporation which was two rental homes in Nassau County NY. We have decided to go it alone and our lawyer has transferred 1 house to my partner & 1 house to myself in our personal names (no corp.). Now 3 years later I've moved to NC & have heard through friends that my former partner feels that the house transferred to me is worth more than the one he received & is going to file a lawsuit, a friend of a friend spoke to a lawyer about my problem & said that I can't be served in NC because NY has no jurisdiction in NC. The question is can I be served in NC for a NY issue?? Will I sign online to my bank account & find some default judgment allowed a withdrawal from my account?? What if my partner can't find me, I've already moved once since moving to NC, do I lose by default??


Asked on 11/14/07, 8:28 pm

2 Answers from Attorneys
John Kirby Law Offices of John M. Kirby

Re: NY jurisdiction in NC

There are several issues raised by your inquiry. The first issue is whether NY has jurisdiction over you. It would appear that NY has jurisdiction over you because of your activities in NY which gave rise to the lawsuit. The second issue is whether you can be served in NC with the papers in the NY lawsuit; and it is clear that you can be served with process in NC even though the lawsuit is filed in NY (and even though you reside here). The third issue is that if a judgment is entered against you in NY, then it will be binding in NC (pursuant to "full faith and credit"). If you are served and you do not answer, then indeed you will go into default. There are also laws pertaining to evading service of process. You probably need to consult with an attorney and give him or her more details to protect your interests.

Read more
Answered on 11/14/07, 9:14 pm
Jason A. Richman Jason A. Richman, Esq.

The house is in New York. Isn't it?

With the house being a new york real property, its owner - you, are subject to the jurisdiction of the courts of new york. assuming you have not sold the house.

Read more
Answered on 11/14/07, 10:54 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York