QUESTION
we are located in california and are being taken to small claims court in wisconsin. we bought some stuff there but do not live there.
Asked on Aug 13th, 2012 on Business Litigation - California
More details to this question:
we bought some merchadise there and wrote a few post dated checks. when the merchandise was shipped to us the merchandise was not what we bought. we did a stop payment on the last check and sent back the merchandise which was refused and sent back to us. since we reside in california and do not have a business or anything located in wisconsin, can they file a claim in wisconsin or do they have to file the claim in california? thanks
1 ANSWER
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As a general matter, you cannot be sued in a remote state unless you have certain Constitutionally required "minimum contacts" there. As a general matter, those contacts can be pretty minimal in order to satisfy the requirements of the Constitution. Some courts have held that a single phone call into the remote state will suffice. You should consider filing a motion to dismiss the Wisconsin action on the grounds that personal jurisdiction is absent.
Answered on Aug 13th, 2012 at 5:11 PM