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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I have recieved copied of subenas sent to banks such as JPM

Customer Question

I have recieved copied of subenas sent to banks such as JPM and other requestion copies of transactions for many people who recieved payment from a man named Niel Ranells. He administered his sisters estate and conservatership. Apparently, since he paid me for trading services rendered for his trading account information was requested regarding me.…I have recieved no personalized services of any kind or direct contract nor certified mail…only copies of these many document requests. I live in florida and have since 2005. The payments to me happened in 2008 and I communicated with neil only on the phone and via email. Neil lived in NYC till he passed. It appears the documents are coming form a Los Angeles courts…as far as I know, since i have not been to not done any business in califronia during these times they do not have personal jurisdiction over me…is this correct? If I am a non-resident of california should not any complaint be filed in florida? In addition, if I am named in a complaint, should I not be served formally with a complaint…I have seen nothing yet and as i said recieved no certified mail or corresondence that required any signatures.

Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you.

Subpoenas issued by a California court are not binding on you in Florida.

The fact that a subpoena has bee issued does not mean that you are a party to a lawsuit. Subpoenas in many cases are issued to obtain information. You can determine whether or not you are a party by noting the case number XXXXX the Subpoena, the court in the subpoena and then calling the clerk of courts to see if you are a listed party.

The Complaint can be filed where the activities leading to the complaint occurred OR whee the defendant's live. there are methods of service which do not require mailing especially if they do not know your current address. It is also very possible and likely that since the transactions occurred while Neil was in NY and you were in Florida that California cannot obtain jurisdiction over you in the matter.

Please accept my answer by rating me 3 or better so I may get credit for my response. If you have follow up questions please ask. Note you must rate the answer for me to compensated. paying the deposit alone is not sufficient for the funds to be disbursed.
Customer: replied 1 year ago.

Thank you very much jack...


 


I did look for the case number XXXXX did not find anything…I am on the mailing list however...


 


If i have been named in a complaint…should that not have been served explicitly so i have a copy of a complaint and can respond and that there is confirmation of me receiving it?


 


If california does not have personal jurisdiction over me in this matter can a judgement still be made in default and could I be required to go there for a depositions (something I can not afford to do right now)?

Expert:  Jack R. replied 1 year ago.
Reply yes if you are a listed party to a complaint you would need to be served. The problem is that the court may not have jurisdiction over you and therefore you were left off the complaint, or simply you are just not a defendant. Being on a mailing list does not make you a party to a lawsuit you must be identified as a defendant in the lawsuit. Only the defendants are served. You may be a witness rather than a party.

You cannot be required to travel to California from Florida. Nothing of course stops the attorney from California flying to Florida if you are willing to talk to them.

No judgment can be rendered against you unless you are identified as a defendant and properly served.

Please accept my answer by rating me 3 or better so I may get credit for my response. If you have follow up questions please ask. Note you must rate the answer for me to compensated. paying the deposit alone is not sufficient for the funds to be disbursed.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

can proper service occur via regular mail without a signature? is it possible that I could be named in a california claim and have a judgement even if california does not have personal jurisdiction over me? that’s my last follow up - thank you very much for your responses BTW

Expert:  Jack R. replied 1 year ago.
If you called the Clerk and you are not listed as a Defendant service was not attempted, and a judgment cannot be rendered against you.
If you are a listed defendant service by mail must be done certified requiring you signature. If the mail is unclaimed then it can be sent regular U.S. mail. Since you received notice of a subpoena it is also unlikely you are a defendant. Other means to get information are available from defendants

Thank you for your rating. When you get your follow up survey please rate me highly (9 or 10).
Customer: replied 1 year ago.

thanks very much jack...

 

the only remaining clarifiation i’d like to understand, is that if I were on a complaint from california and they don’t have personal jurisdiction does that mean a judgement is not possible?

 

 

last thing regarding service, can I be served by a court that does not have jurisdiction over me? Incidentally they are using an incorrect old address to send corresondence.

 

Do i need to respond in some way so that they know that they do not have jurisdiction over me?

 

I will add an additional payment to this after this answer BTW

Expert:  Jack R. replied 1 year ago.

A judgment is possible, however you would be able to appeal the judgment for lack of jurisdiction or get it undone in Florida. This is a complex area of the law dealing with jurisdiction. There are a number of landmark court cases referred to establish or disestablish jurisdiction. An attorney in Florida can help you decide whether to fight the Judgment in California ( if there is one) or collaterally in Florida.

 

If you are still unsure get a copy of the complaint from the Clerk of Courts. Ask the Clerk who was served the Complaint, and/or check the docket to see who was served the Complaint.

 

Please accept my answer by rating me 3 or better so I may get credit for my response. If you have follow up questions please ask. Note you must rate the answer for me to compensated. paying the deposit alone is not sufficient for the funds to be disbursed.

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