Full question:
Does a Warrant in debt from Virginia apply to a product or company when purchased from Florida. Company does not do business in VA. Customer coated Teak Wood and part of job failed, they have sent the warranty of debt claim for $15,000. No basis. We have issued a warranty which has disclaimers in it.
- Category: Civil Actions
- Date:
- State: Florida
Answer:
A warrant in debt is a legal summons for a defendant to appear in court regarding a debt. For a Virginia court to have personal jurisdiction over an out-of-state defendant, such as a company based in Florida, the defendant must be properly served with the summons and complaint. This can be done through certified mail, personal service, or, rarely, by publication if the defendant's address is unknown.
Virginia courts can exercise jurisdiction over out-of-state defendants through long-arm statutes, provided the defendant has sufficient contacts with Virginia. These contacts must be of such a nature that the defendant could reasonably foresee being sued in Virginia. The concept of 'minimum contacts' can include either ongoing, systematic connections with Virginia (general jurisdiction) or specific, purposeful actions directed at Virginia (specific jurisdiction).
Even a single contact can establish personal jurisdiction, but the nature and quality of that contact are crucial. If the defendant does not have the necessary minimum contacts with Virginia, the lawsuit must be filed in the state where the defendant resides or regularly conducts business.
In summary, if the Florida company has no business operations in Virginia and no relevant contacts, it may not be subject to a warrant in debt issued in Virginia.
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.