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I need to ask a question about personal jurisdiction.

Miami, FL |

If someone from Oklahoma came to Florida for a seminar and in this seminar he was sold bad investment property and then the person that sold this property upon leaving the seminar rear ends him causin severe injury, where you you file the lawsuit? Would it be Florida or would it be Oklahoma? If Florida, why?

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Filed under: Fraud Filing a lawsuit
Attorney answers 4

Posted

Questions about personal jurisdiction and subject matter jurisdiction" can be very complex, because it depends on the state's laws, which state the parties live in, where the parties own property, where the vehicles are registered in rare cases, etc., but the simple answer to your question is that the lawsuit would most likely be filed in the state where the crash occurred. But you should speak to a lawyer and discuss all the facts of the case.

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Posted

The accident happened in Florida. Assuming the person that caused the accident resides in Florida then under Florida's venue statute the action gets brought here because this is either where "the cause of action accrued" or "where the defendant resides."

I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.

Posted

The right place would be Florida because that is where everything occurred. Every state has rules on where a court case can be filed. They generally require it to be filed in the county or local court where the act occurred that the claim is based on or where the defendant resides. The law can be different in different states though so your best bet is to ask a local lawyer in the particular states that you think may be involved. You can look for one at Avvo.com under the Find a lawyer tab and look for one who handles litigation. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

Posted

Jurisdiction requires minimum contacts. For jurisdiction to exist anywhere whatever a states long arm statute might say there needs to be minimum contacts with the stat seeking to exercise jurisdiction. On the facts in the question there seem to be no relationship between the fraudulent seller and Oklahoma therefore, without additional facts jurisdiction would seem to have Florida suitus, of course the facts are sketchy and the answer could change depending on omitted information

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