How can I be sued by a company in Florida if I am in Connecticut?

Full question:

I have been served with a Civil Action Summons from a Miami, FLA Court, by a FLA attorney. According to my investigation, the plaintiff is not registered with the Sec. of State to do buisness in CT. I now have to respond to the complaint. Does the Miami Court have the authority to apply it's juristriction here in my home state of CT? In other words, if the court finds for the Plantiff, can the long arm statutes give them the authority to enforce all their options? This company is an LLC, with a principal place of business in North Miami Beach, FLA.

  • Category: Judgments
  • Subcategory: Foreign Judgments
  • Date:
  • State: Connecticut

Answer:

The answer will depend on the nature of the claim. Venue is typically proper where the defendant resides, conducts business, where a contract is formed, where an accident occurs, or where the contract provides for the case to be brought. Typically, a defendant needs to have minimum contacts with the forum to pass due process requirements for being served with a complaint. Due process requires it to be reasonably foreseeable that a person would be called to defend in that court.

Generally, the requirement of minimum contacts means that the defendant has to have taken actions that were purposefully directed towards the forum state. Such actions may include, among others, selling goods in the state, being incorporated in the state, visiting the state, or bringing property in the state.

If a court in another state issues a judgment, it may be enforced by the defendant's home state under the Uniform Enforcement of Foreign Judgments Act. In Connecticut, the certified copy of judgment may be filed in the state and the foreign judgment will be treated in the same manner as a judgment of a court of Connecticut.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Rule 4 of the Federal Rules of Civil Procedure outlines the requirements for serving a summons and complaint to a defendant. It specifies how the summons must be issued, served, and the timeframe for service. Each state may have its own version of Rule 4, detailing similar procedures for state court cases. Generally, it ensures that defendants receive proper notice of the legal action against them, allowing them to respond appropriately.