Is pa civil action hearing valid in ny / can it be in force in ny

Asked about 2 years ago - Suffern, NY

plaintiff claim items bought apx. 2 yrs ago were not shipped (not received) by him //waitded apx 2 yrs. to open civil hearing in pa.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . Your question is not clear. I take it you live in NY and were sued in PA??? If that is the case, the issue is whether the plaintiff can establish that the PA court has jurisdiction over you such as under a long-arm statute. If you were doing business in PA (ie sending goods there) you may be subject to PA jurisdiction. Retain a lawyer in PA to defend you.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. David Michael Katz

    Contributor Level 5

    Answered . As the others mention, Jurisdiction seems to be the issue here. The question I have for you is if, and how, you were served with notice of the Pennsylvania action. This will control how and when you have to answer.

    My response is not considered legal advice and we do not have an attorney client relationship. You may contact me... more
  3. Pamela Koslyn

    Contributor Level 20

    Answered . As my colleague notes, this is a jurisdiction question, and many courts have held that sales on eBay and other internet platforms where the seller advertises to those in all states, does give a court personal jurisdiction over a buyer in the seller's home state.

    Another issue here is the statute of limitations for breach of contract in the operative state.

    If you've been sued, you need to hire a lawyer to defend you, and you need to do this quickly before your default is taken.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more

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