Can you sue a non-resident business in your state?

Assume that you want to sue a non-resident business, Abel Co., in your state based on Abel’s maintaining a bicycle warehouse in your state. If your claim relates to a bicycle that you picked up at the warehouse, a judge is likely to conclude that it’s fair to exercise personal jurisdiction over Abel Co. and allow your suit to proceed.

Can you sue someone in another state other than your home state?

Personal jurisdiction rules can be a bit stickier when you file the suit in a state other than the one in which the defendant is a citizen or does business. You can’t just sue someone in your home state if the defendant doesn’t live in your state, has never been in your state, and doesn’t do business in your state.

Can you sue a non-citizen who owns an apartment?

Jurisdiction in this situation is limited in two ways: Jurisdiction extends only to the fair market value of the real property. This means that if you sue a non-citizen who owns an apartment house worth $500,000, the most your judgment can be worth is $500,000. In addition, the claim probably has to relate to the property.

What was the result of Proposition 65 in California?

It’s been in place since a ballot measure, Proposition 65, passed with 63 percent of voters in favor. Though it’s a state law, David Roe notes it’s had a nationwide impact. Roe, a lawyer, should know—he helped write it. “Proposition 65 has caused an extraordinary amount of change,” he told Newsweek.

Can you sue the seller of a house in Texas?

Sometimes sending a demand letter is enough to get the seller to send you a check for repairs. (You might, nevertheless, want an attorney’s help in drafting this.) Or, with the right evidence in hand, you may choose to sue the seller of your Texas home for nondisclosure of a defect.

Can a unregistered foreign entity do business in Texas?

Some banks will not do business with an unregistered foreign entity, despite that BOC § 9.251 states that maintaining a bank account in this state is not, in and of itself, transacting business in Texas. A foreign entity registering to transact business in Texas must register under a name that:

Who is the Texas Department of manufactured housing?

The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the TexaSs Manufactured Housing Standards Act.

Can a homestead be sold by a judgment in Florida?

The Florida Constitution provides in relevant part that a person’s “homestead” is not subject to a forced sale by a judgment except for the payment of taxes and assessments, obligations contracted for the purchase of the properties, or money owed for improvements or repairs performed on the property.

Why does Texas have no personal jurisdiction over Kevin?

Texas has no personal jurisdiction over Kevin because Kevin is neither a citizen of nor does business in Texas. To protect a defendant from being sued in a “hostile,” possibly far-off location, personal jurisdiction rules require that facts exist that make it fair for a court to exercise power over a non-citizen.

Can a state have jurisdiction over a non-resident person?

You may also be able to get jurisdiction over a defendant who owns property within your state. A state has limited jurisdiction (which lawyers call “in rem” jurisdiction) over a non-resident person or business that owns real property in the state.

Can a non-resident property owner Sue a school district?

In 1996, property owners in Michigan sued four school districts in Leelanau County for imposing a “non-homestead” surtax on their second homes, claiming the higher tax rate on their property amounted to discrimination against non-residents, though the plaintiffs lost their case.

Can a nonresident owner be sued in Small Claims Court?

Similarly, a nonresident owner of a vehicle can be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident. Contact your small claims court clerk for details or your court’s self-help center.

Can a out of State person be sued in your state?

Out-of-state residents can successfully be sued in your state if you manage to serve them with court papers while they’re physically within your state’s borders and if the dispute arose in your state.

Can a real estate owner live in another state?

That’s because real estate is always governed by the law of the state in which it’s situated, not the law of the state where the owner lives. Example: Martha is a resident of New York; she lives there and owns a home and other property there.

How are small claims actions governed in Utah?

Small claims actions are governed by the Utah Code and the Rules of Small Claims Procedure. The Rules of Civil Procedure generally do not apply, unless a statute or rule says that they do. If there is a difference between the information on this webpage and the statutes and rules, the statutes and rules govern.

Why are so many people suing for HOAs?

Discrimination. “Another area of litigation not unique to HOAs or condos but that’s frequent,” says Diamond, “is a disabled or handicapped person suing for violations of the Americans with Disabilities Act or the Fair Housing Act, for failing to make a reasonable accommodation like installing ramps or for housing discrimination.” 7. Pet disputes.

Can a HOA board restrict a homeowners rights?

Boards reasoned that such devices affected the uniform exterior appearance of the community and as such, lowered property values. With the passing of the FCC’s Over-the-Air Reception Devices Rule, though, HOA boards can no longer restrict homeowners from doing so. It is one of the homeowners laws associations must follow.

Can a homeowners association fine a resident?

Can HOA legally fine you? Most homeowners associations can legally fine residents when they violate the governing documents. This is a common consequence or penalty used to discourage breaches.

Can a landlord sue a smoker in Utah?

Under Utah’s law, an annoyed neighbor may sue the smoker directly and may sue the landlord in some cases if the smoker is a renter. (Utah Code Ann. § 78-38-1.) In California, second-hand smoke is considered a toxic contaminant by the state’s Air Resources Board. Start your research into your state’s laws at Nolo’s Legal Research Center.