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RBinJax
RBinJax, Attorney
Category: Legal
Satisfied Customers: 731
Experience:  Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
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Can I be extradited from one state to for a civil case in another

Resolved Question:

Can I be extradited from one state to for a civil case in another state?
Submitted: 7 years ago.
Category: Legal
Expert:  RBinJax replied 7 years ago.
What is the actual claim made in the civil case?
Customer: replied 7 years ago.
Landlord wants money for damages and utility bills for a property he thinks he is entitled to because he says tenant broke the lease agreement. Yet he modified the lease in question but does not seem to realize it. He is threatening to take the case to civil court in PA and to have a warrant issued for tenants arrest if tenant does not show. The tenant lives in NY; can the tenant be extradited to PA for this hearing or not? I have heard from other sources that he cannot be.
Expert:  RBinJax replied 7 years ago.

I apologize, your Optional Information and Already Tried sections did not appear when I picked up your post. Extradition generally is limited to criminal cases, not civil ones (but child support arrearages are criminal matters in some states and civil in others, hence my question) and is a formal request from one state to another to return a defendnat who has fled or is otherwise outside the jurisdiction of the requesting state.

In short, since there is no power in a civil case brought by a private individual to use the power of the state, you cannot be extradited to PA. Served and summonsed yes, extradited no.

Based upon your post, I do suggest that you consult with an attorney in PA about fighting the landlord's action against you, especially if there was an attempted unilateral modification of the agreement by the landlord. You may be able to retain an attorney to appear for you at the hearing withou you having to personally appear.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

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