QUESTION

Suing a person out of state

Asked on May 18th, 2012 on General Practice - Virginia
More details to this question:
Can a person in VA file a claim in Small claims court against a person in NV and if so does the person in NV have to go to VA to defend themselves?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
In order to sue an out-of-state party here, Virginia must have personal jurisdiction over them.  This can be accomplished either by serving them with the lawsuit while they are in Virginia or by bringing them in under the Long-Arm Statute.  The Long-Arm Statute found at Virginia Code § 8.01-328.1 is too lengthy for me to attach here and it has various provisions for different situations, but basically the other party must have done business here or have caused injury here or have some other connection to Virginia in order to sue them here.  It also contains certain service of process requirements that must be met in some cases. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 18th, 2012 at 2:25 PM

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