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........What if the tenant took a month-long trip?? .........
There is an extremely high chance that the rental agreement says that the tenant will notify the landlord if the tenant is going to be absent for a long period of time. Even if the rental agreement doesn't actually say so, a smart tenant will notify the landlord that the house will be vacant for a month so that the landlord can check on it occasionally.
In addition, if you are a tenant who will be gone for a month, turn off the water heater and turn off the water to the house, to prevent possible damage.
That process creates an unneeded step. You could hire the debt collector without the court judgment.
You can't garnish wages or put liens on anything without a judgment, so if you don't get the judgment yourself, you will pay the collector even more money for getting a default judgment for you, so that then they can legally collect the money.
So, sure, hire one - and then pay them for getting a judgment for you, before anything can actually be collected.
Which, of course, would be not only another step, albeit done by the collection agency or law firm -- but an additional expensive one, if done that way.
You just can't get around that additional step, if you actually want to try and get any money.
And, you could be sued from wherever the tenants are then, for a collection that they dispute and you'll be asked - why didn't you get a judgment? And you'll have to fight it, then, in the jurisdiction where the tenant moved......
Wait, wait, wait. The tenant is not obligated to be present in the unit at all times.
What if the tenant took a month-long trip??
And now the property is vacant, who is looking out for fire now? This is a ridiculous assertion quite frankly.
Your trolling has just proved my point. Both parties are to inform each other if they are going to be away for an extended period of time. Not only is this a contractual obligation, just good, old fashioned common sense.
Your trolling has just proved my point. Both parties are to inform each other if they are going to be away for an extended period of time. Not only is this a contractual obligation, just good, old fashioned common sense.
Yeah....not seeing anywhere in my lease where this is a "contractual obligation."
Yeah....not seeing anywhere in my lease where this is a "contractual obligation."
Ahh! Another troll. I guess you left out the common sense part to sleep at night. Um, a lease is a contract. Even if not being in the lease, it's , shudder the thought, common sense to let each other know if you are going to be away for an extended period of time. Is that more clear, boopie?
It's state law. I was a litigation paralegal for years in Texas. A lawsuit is filed where the transaction/injury/damage occurred. The plaintiff has to make a reasonable effort to ascertain the defendant's current address (if you can't tell the Judge that you did something simple like an internet search for his current address, you may not get that default judgment). If current address can't be ascertained, give legal notice to his last address.
If the plaintiff does locate the defendant's address in another state, you serve him there. It's common sense, really. Courts want defendants to be served with notice of a lawsuit legally, and in reality. They want to see the plaintiff made efforts to find the current address. But if he can't do that, the judge will allow the alternative of notice to last known address (or whatever the court's state law allows - it may required a public notice in the paper).
But the lawsuit remains in the jurisdiction where the transaction/injury/damage occurred. Whether a plaintiff CAN file the lawsuit in the defendant's state, where the transaction did NOT occur, may depend on the state. It's unlikely, though, if only for the reason that only the state where the transaction occurred would have jurisdiction over that state's laws pertaining to landlords and tenancy. That's state law.
State courts only have jurisdiction over individuals located in their state, businesses are different and even then you have to prove they are doing business in the jurisdiction you want to sue them in (if you were wronged by the business that is easy to do).
Quote:
However, you can't sue someone in a Massachusetts court and serve papers on them in Oklahoma. An exception involves suits having to do with motor vehicle accidents or lawsuits against out-of-state owners of real estate located in-state. Many states allow out-of-state service on this type of claim. Your small claims court clerk will show you how this is handled in your state.
The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. Lawyers call this jurisdiction.
If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers with the court by mail, but you’ll have to follow the state’s rules when serving the court papers on the defendant.
Also, you should expect to show up in person on court day. However, some states allow people on active duty in the military—and occasionally others—to present their case entirely in writing.
Exceptions for Out-of-State Individuals
There are, however, circumstances under which you can use your state's small claims court to sue an out-of-state resident:
Out-of-state residents can successfully be sued in your state if you manage to serve them with court papers while they're physically within your state's borders and if the dispute arose in your state. For instance, suppose you live in Florida and a nonresident injures you or damages your property while he or she is in Florida, or a contract with a nonresident was negotiated, performed, or violated in Florida.
A nonresident who has a vehicle accident in your state can be sued in your state's small claims court no matter where that person lives. Similarly, a nonresident owner of a vehicle can be sued no matter where the person lives if his or her car was being driven in your state by another person and was involved in an accident. Contact your small claims court clerk for details or your court’s self-help center.
The out-of-state owner of real property—including owners of apartments and other rental housing—located in your state can be sued here on claims relating to that property.
Personal jurisdiction
The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.
In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California.
So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal jurisdiction.
I recently filed in small claims against a previous tenant that had moved to Nevada. Our property that they rented was in CA which is where we both resided. After they moved without notice to Nevada I filed my case and had them served by a process server. My case was thrown out. I too was told that IF I caught them in CA visiting for example then I could have them served for CA filed case. Otherwise I would have to file a civil case which would exceed the money I'm owed when it's said and done.its possible I could file in Nevada small claims but I did not verify or ask about that possibility.
by Anonymous on April 4, 2017 @22:36
I just had a small claims case dismissed today due to this loop. The judge stated that I could possibly take it to county court since the lease was signed in this state. The only up side to that is the judgement is good for 20 year's.
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Um, a lease is a contract. 
Even if not being in the lease, it's , shudder the thought, common sense to let each other know if you are going to be away for an extended period of time. Is that more clear, boopie?
