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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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My case was dismissed because the defendant is out of

Customer Question

My case was dismissed because the defendant is out of state and I should in his state unless I have a good reason the case can be filed in my state. What are the good reasons to file in my state?

And how pathetic is the law that after you have been ripped off and fall victim, you are the one who has to make it convenient for someone who has harmed you? This is like doubt harm! The law obviously just implies everyone you are welcome to scam and cheat on people out of state because there is barely a good way for them to come back after you. Thanks

Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

Even if the Defendant is out of State you can sue the Defendant in your State if the Defendant specifically reached into your State to conduct the transaction that did you harm—if the Defendant had minimum contacts with your State. For instance, if the Defendant advertised in the State while out of State and this advertisement led you to the Defendant. The State can use its long arm jurisdiction to get jurisdiction over the Defendant.

Customer: replied 1 year ago.
Hi he advertised online so the reach is worldwide.
The state can use long arms...
Can you explain more?
So it is the judge's fault. Should he be responsible for my loss: filing and serving fees? I have to start over again? No way to resume the dismissed case?
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, I did not imply it is the Judge's fault because I am not privy to the evidence presented to the Court. All I am saying is that there are some instances where you can sue the Defendant in your own State instead of the general practice of filing lawsuit where the Defendant lives or conducts business. You need to present evidence to the Court that Defendant did not have casual contact with the State, that the defendant had minimum contacts with the State--conducted business within the State or its advertisement reached into the State and thus made him subject to the State's laws and protections.

Customer: replied 1 year ago.

So it is the judge's fault

-With or without you saying it, I am stating here again: it is the judge's fault, not my fault. So Should he be responsible for my loss: filing and serving fees? I have to start over again? No way to resume the dismissed case?

Defendant did not have casual contact with the State, that the defendant had minimum contacts with the State
-What do you mean here?

So if he advertised online and the reach is worldwide but resides in another state all the time, do I have rights to sue him in my state?

Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I am uncomfortable with working on the premise that the Judge is at fault in your case. So, I am going to opt out and give another Attorney the opportunity to further assist you.

Customer: replied 1 year ago.

He dismissed my case when I do have a merit, of course it is his fault. Judges are not God. As a regular human beings, they do bad things all the time. Just google. They are not to be worshiped unfortunately, because they are not any special than us. They are on the same level. That is a job title. Not God title.

They makes mistakes and do bad things. There is no need to feel uncomfortable.

Oh no... He is not even a judge. Just an arbitrator doing the same thing as a judge. The court do things like this...first time heard it.

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