QUESTION
Do I have to defend a small claim against me from a petitioner out of my state. I live in New York and the Petitioner resides in Tennessee?
Asked on Nov 20th, 2017 on Civil Litigation - Tennessee
More details to this question:
Sold a used car on eBay and 2 months later the buyer notified me that the car needed costly repairs. I explained to the buyer that the vehicle had no known issues to us and the car was being sold in as is condition. The buyer has filed a small claims petition against me in their state. Williamson County Tennessee and I live in Suffolk County New York. Question: Do I have to go to another state to defend the case? It's my understanding that because I live in New York the Tennessee court does not have the Jurisdiction to enforce the claim due to me living out of state. I don't want to lose the case by default and haven't signed or received any type of official document. Please advise.
2 ANSWERS
I wish there were a clear cut answer to your question but there is not. Sales over the internet have provided courts with questions of jurisdiction that are still being worked out on a case by case basis. The first notice that you will receive that you are actually being sued is that you will receive a general sessions civil warrant which will contain a short summary of why you are being sued and it will have a court date. If you do not want to spend the money to hire an attorney and if you do not want to make the trip to Williamson County, when you receive the general sessions civil warrant you can file a "motion to dismiss". In the motion, you can tell the judge why you feel that the Tennessee courts do not have jurisdiction over you. Be sure to include in the title and the body of the motion that you are making a "special appearance" to contest the jurisdication of the Tennessee and that you are not making a general appearance and that you are not voluntarily subjecting yourself to the jurisdiction of the Tennessee courts. Be sure that you send the Plaintiff a copy of the motion. While I think that it would be better for you to hire an attorney, that is your decision.
Answered on Nov 20th, 2017 at 2:17 PM
If you are ever served, I would not take the chance on defaulting. I don't know the limits of the Tennesse small claims court (small claims courts are usually given very limited jurisdictions), but I believe that its exercise of jurisdiction over you would be constitutional. The case arises out of a transaction in which you sold goods to a Tennessee resident, for use in Tennessee (the jurisdictional argumetn becomes even stronger if you delivered the car, or had the car delivered, to Tennessee). Even if you were not served with process, as you claim you have not been, I personally would not take a chance that either someone would lie and claim to have served you (and there is no guarantee that a court will later believe you) or that you weren't validly served in some way with the summons and ocmplaint getting lost. However, you may be able to make a special appearance (possibly through counsel) for the sole purpose of contesting jurisdiction, and may not have to eppear in person. You should call the clerk of the court to check out its rules.
Answered on Nov 20th, 2017 at 1:13 PM