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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I want to file a suit against one company and that company

Customer Question

I want to file a suit against one company and that company was in DC and I am in VA and I just want to know that do I want to sue that company in my county court or went in DC court and file a suit and I called my State Corporation and they said that they didn't have any registered agent.
Submitted: 11 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer:

You can file suit in any of 3 places:

  1. Where the company is located
  2. Where the contract was entered into/contract was performed (for breach of contract claims)
  3. Where the injury occurred (for tort claims, such as negligence)

If the defendant does not have an agent for service of process in your state, you can serve the secretary of state (however, the most certain way of serving the defendant is to actually serve them in their home state - this will be the best way of ensuring that any default judgment that you may get (a default judgment is one that you receive if the defendant fails to appear and defend the action), is not later contested for inadequate service of process).

Customer: replied 11 months ago.

I already told you that I am in VA and they are in DC I only want to know that if I file a claim in my county court and sent warrant a debt letter in there address and on hearing date they didn't came because they are in DC and I am in VA than what Judge do court do.

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

My apologies, please allow me to clarify.

You must establish "personal jurisdiction" over the defendant by proving one of those three things I outlined. (It is not optional for you, you cannot simply sue in your home town because it is convenient, you must show that the Defendant somehow "availed" themselves to the jurisdiction of the court by conducting business there or some other means).

The court will not "double check" your work, so if you file suit in the improper court (one that lacks jurisdiction), and get a default judgment, the court is not going to do anything to stop you. However, if you attempt to actually enforce the judgment, the defendant will be able to both set aside the judgment, and you can find that due to filing in the wrong court, you may have prejudiced your case (for example, if you file suit in the wrong court and you just barely file within the statute of limitations, get a default judgment, and the defendant later sets the judgment aside for lack of jurisdiction, you will later be barred from bringing suit in the proper court due to the statute of limitations having run).

So:

You MUST file suit in any of 3 places:

  1. Where the company is located
  2. Where the contract was entered into/contract was performed (for breach of contract claims)
  3. Where the injury occurred (for tort claims, such as negligence)
Customer: replied 11 months ago.

The company is in DC so now you mean I want to file a suit in DC where company is.

Expert:  CalAttorney2 replied 11 months ago.

That is the most certain place to file. The defendant will not be able to contest jurisdiction if you sue in the jurisdiction where they are located.

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