Full question:
Can you be served with a writ of bodily attachment outside the state where it was issued from a civil court?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: Florida
Answer:
In personam jurisdiction allows a court to exercise authority over a defendant when they are properly served with a summons and complaint. This can occur through certified mail, personal service, or publication (rarely used when the defendant's address is unknown). To serve a defendant outside the state where the writ was issued, the defendant must have minimum contacts with that state. These contacts can be systematic and continuous (general jurisdiction) or isolated and purposeful (specific jurisdiction). Even a single contact can establish jurisdiction, but its nature and quality are crucial. The key question is whether the defendant should reasonably anticipate defending a suit in that state, which can include owning property there.
For example, Florida statutes provide specific bases for exercising personal jurisdiction over nonresidents in cases related to family support (Fla. Stat. § 88.2011). A court can issue a writ of bodily attachment if the individual fails to appear for a hearing after proper notice. This writ can be enforced in any county within the state (Fla. Stat. § 61.11). Therefore, while it is possible to serve a writ outside the issuing state, the individual must have sufficient connections to that state for the court to have jurisdiction.
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.