How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 23602
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Type Your Legal Question Here...
Law Pro is online now
A new question is answered every 9 seconds

RESIDENCE REQUIREMENTS FOR DEFENDANT IN N.C. CIVIL CASES...NON

Resolved Question:

RESIDENCE REQUIREMENTS FOR DEFENDANT IN N.C. CIVIL CASES...NON DIVORCE. LIVE IN S.C. CIVIL ACTION BROUGHT IN N.C....NEVER LIVED IN N.C.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Pro replied 2 years ago.
What do you mean "non divorce" - please explain. Thanks!
Customer: replied 2 years ago.
whern I check about civil residence in N.c. civil cases I ALWAYS GET ANSWERS ABOUT DIVORCE CASES...NOT INTERESTED IN DIVORCE. I DO NOT BELIEVE THAT STATE OF N.C. HAS JURISDICTION OVER ME IN A CIVIL CASES AS I LIVE IN S.C. AND HAVE NEVER LIVED IN N.C.
Expert:  Law Pro replied 2 years ago.
Ah, that's NOT the only basis they can claim personal jurisdiction over you - there are long arm statutes that would allow them to have jurisdiction.

If you have "minimum contacts" with the state of NC can give them personal jurisdiction over you.

Please explain what happened or what is going on.
Customer: replied 2 years ago.
i was a bail bondsman in S.C. from 1986 t0 1994. There is a build up fund of 80,000 with Frontier Insurance in the name of ALCO abonding COMP. i HAVE 50% OWNER SHIP IN THIS FUND FUND. MY LIMITED PARTNER WAS SUED FOR 250000 IN A NON RELATED MATTER AND A JUDGEMENT RENDERED. pLAINTANT HAS FILED A LEAN AGAINST THIS FUND. i WAS NEVER A ENVOLVED IN PARTNERNS LAWSUITE AND DO NOT BELIEVE THAT 50% OF THE FUND IS IN JEAPORDY. SUITE FILED IN HENDERSON COUNTY N.C. AGAINST ME. I HAVE ALWAYS LIVED IN S.C.
Expert:  Law Pro replied 2 years ago.
You have 3 options:

1) Enter your appearance for the limited purpose of objecting to personal jurisdiction in NC, or

2) Litigate the matter in NC - (which you don't want to do and I can understand that), or

3) Do nothing and when they get a default against you and transfer the judgment to SC - object the judgment because they didn't have personal jurisdiction over you (this is the riskiest maneuver but many defendants do go this route)

This is SC's statute.

South Carolina Long-Arm Statute
S.C. Code Ann. § 36-2-803
§ 36-2-803. Personal jurisdiction based upon conduct.
(1) A court may exercise personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from the person's
(a) transacting any business in this State;
(b) contracting to supply services or things in the State;
(c) commission of a tortious act in whole or in part in this State;
(d) causing tortious injury or death in this State by an act or omission outside this State if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this State; or
(e) having an interest in, using, or possessing real property in this State; or
(f) contracting to insure any person, property or risk located within this State at the time of contracting; or
(g) entry into a contract to be performed in whole or in part by either party in this State; or
(h) production, manufacture, or distribution of goods with the reasonable expectation that those goods are to be used or consumed in this State and are so used or consumed.
(2) When jurisdiction over a person is based solely upon this section, only a cause of action arising from acts enumerated in this section may be asserted against him, and such action, if brought in this State, shall not be subject to the provisions of § 15-7-100 (3).




Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Customer: replied 2 years ago.
WHAT IS THE N.C. STATUE FOR RESIDENCE
Expert:  Law Pro replied 2 years ago.
That's not really applicable and depends on the type of action filed.

As you found out - in a divorce case the parties must have lived there for 6 months - but that's for divorce.

The statute as to NC's personal jurisdiction IS applicable - here it is:

§ 1‑75.4.� Personal jurisdiction, grounds for generally.

A court of this State having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to Rule 4(j), Rule 4(j1), or Rule 4(j3) of the Rules of Civil Procedure under any of the following circumstances:

(1)������ Local Presence or Status. � In any action, whether the claim arises within or without this State, in which a claim is asserted against a party who when service of process is made upon such party:

a.�������� Is a natural person present within this State; or

b.�������� Is a natural person domiciled within this State; or

c.�������� Is a domestic corporation; or

d.�������� Is engaged in substantial activity within this State, whether such activity is wholly interstate, intrastate, or otherwise.

(2)������ Special Jurisdiction Statutes. � In any action which may be brought under statutes of this State that specifically confer grounds for personal jurisdiction.

(3)������ Local Act or Omission. � In any action claiming injury to person or property or for wrongful death within or without this State arising out of an act or omission within this State by the defendant.

(4)������ Local Injury; Foreign Act. � In any action for wrongful death occurring within this State or in any action claiming injury to person or property within this State arising out of an act or omission outside this State by the defendant, provided in addition that at or about the time of the injury either:

a.�������� Solicitation or services activities were carried on within this State by or on behalf of the defendant;

b.�������� Products, materials or thing processed, serviced or manufactured by the defendant were used or consumed, within this State in the ordinary course of trade; or

c.�������� Unsolicited bulk commercial electronic mail was sent into or within this State by the defendant using a computer, computer network, or the computer services of an electronic mail service provider in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider. Transmission of commercial electronic mail from an organization to its members shall not be deemed to be unsolicited bulk commercial electronic mail.

(5)������ Local Services, Goods or Contracts. � In any action which:

a.�������� Arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to perform services within this State or to pay for services to be performed in this State by the plaintiff; or

b.�������� Arises out of services actually performed for the plaintiff by the defendant within this State, or services actually performed for the defendant by the plaintiff within this State if such performance within this State was authorized or ratified by the defendant; or

c.�������� Arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to deliver or receive within this State, or to ship from this State goods, documents of title, or other things of value; or

d.�������� Relates to goods, documents of title, or other things of value shipped from this State by the plaintiff to the defendant on his order or direction; or

e.�������� Relates to goods, documents of title, or other things of value actually received by the plaintiff in this State from the defendant through a carrier without regard to where delivery to the carrier occurred.

(6)������ Local Property. � In any action which arises out of:

a.�������� A promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to create in either party an interest in, or protect, acquire, dispose of, use, rent, own, control or possess by either party real property situated in this State; or

b.�������� A claim to recover for any benefit derived by the defendant through the use, ownership, control or possession by the defendant of tangible property situated within this State either at the time of the first use, ownership, control or possession or at the time the action is commenced; or

c.�������� A claim that the defendant return, restore, or account to the plaintiff for any asset or thing of value which was within this State at the time the defendant acquired possession or control over it.

(7)������ Deficiency Judgment on Local Foreclosure or Resale. � In any action to recover a deficiency judgment upon an obligation secured by a mortgage, deed of trust, conditional sale, or other security instrument executed by the defendant or his predecessor to whose obligation the defendant has succeeded and the deficiency is claimed either:

a.�������� In an action in this State to foreclose such security instrument upon real property, tangible personal property, or an intangible represented by an indispensable instrument, situated in this State; or

b.�������� Following sale of real or tangible personal property or an intangible represented by an indispensable instrument in this State under a power of sale contained in any security instrument.

(8)������ Director or Officer of a Domestic Corporation. � In any action against a defendant who is or was an officer or director of a domestic corporation where the action arises out of the defendant's conduct as such officer or director or out of the activities of such corporation while the defendant held office as a director or officer.

(9)������ Taxes or Assessments. � In any action for the collection of taxes or assessments levied, assessed or otherwise imposed by a taxing authority of this State after the date of ratification of this act.

(10)���� Insurance or Insurers. � In any action which arises out of a contract of insurance as defined in G.S. 58‑1‑10 made anywhere between the plaintiff or some third party and the defendant and in addition either:

a.�������� The plaintiff was a resident of this State when the event occurred out of which the claim arose; or

b.�������� The event out of which the claim arose occurred within this State, regardless of where the plaintiff resided.

(11)���� Personal Representative. � In any action against a personal representative to enforce a claim against the deceased person represented, whether or not the action was commenced during the lifetime of the deceased, where one or more of the grounds stated in subdivisions (2) to (10) of this section would have furnished a basis for jurisdiction over the deceased had he been living.

(12)���� Marital Relationship. � In any action under Chapter 50 that arises out of the marital relationship within this State, notwithstanding subsequent departure from the State, if the other party to the marital relationship continues to reside in this State. (1967, c. 954, ss. 2, 10; 1969, c. 803; 1981, c. 815, s. 4; 1983, c. 231; 1995, c. 389, s. 1; 1999‑212, s. 1.)



Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Law Pro, Attorney
Category: Legal
Satisfied Customers: 23602
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Law Pro and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.