How to respond to Small Claims Court notice, out of state???

I am being taken to small claims court by a land surveying company in Kansas while I live in Florida. A year I had asked an insurance company for insurance rate in turn they hired a land surveying company after which rate came to be too high I did not buy the land. Now land survey company gong after me for survey fees, I did not directly authorize the work nor did I speak to survey company directly, never called/requested their services, insruance anget did.


I am in Florida, court in Kansas, notice was divered by some dilivery company. I called the court and was told to write a letter to the judge and explain the situation. Court date is June 10th.


-What are the chances for case being dropped if write a letter to the judge?


-What should I put in the letter?


-I cannot show-up for court date...so if my letter does not convince the judge..a default judgement will be granted.





What to tell the judge? I appreciate any pointers any help, key words, phrases.


Thank you!!!

How to respond to Small Claims Court notice, out of state???
This is a question of was the insurance company an agent for you. Agency is established in three different ways. It can be express (you say survey the land for me) implied (you say you are interested in the land and then the insurance company takes action) or ratified (the insurance company does something and you sign off on it.)





Clearly this is not a case of express or ratified, you neither ordered the suevey or paid for it. The question is was the insurance company acting with implied agency powers. It looks like they might have been, but the question is not at all certain.





The key question is was the insurance company's action in the normal and ordinary course of business. If so they have implied power of agency and you as the principle are bound by their actions.





When writing the letter (assuming that the following statement is accurate) point out that you asked for a quote, not asking for insurance in the land. I don't know if that will be enough to win though since it will depend on if it is customary for insurance companies to go out and survey the land when making a quote, and also if it is customary for them to pass the charge along to the prospective insured.





Also, you must reply. Even though the court does not have personal jurisdiction over you (you aren't in the state so they can't haul you into court) they still can have a default judgment entered in against you. You can ask for a continuance, which delays the court date. If there is a time when you can go and appear tell the court when you can, and why you can't go now. Or you can also point out that the court does not have in personam jurisdiction and that Flordia is the proper venue. That may be enough to have the case dismissed for lack of jurisdiction.





Also, I don't know about Kansas, but in almost all states if you do show up to challenge jurisdiction they can't serve you while you are in state as long as you simply go to court and then leave. Normially if you are in a state they can serve you there and have jurisdiction over you, however if you go for the sole purpose of contesting jurisdiction you are said to have made a "special apperance." However, if you do make a special apperance you can ONLY challenge jurisdiction, not mount a defense or make any other type of motion.
Reply:regardless...the kansas court has no jurisdiction outside of kansas....youu do not need to respond...period!!!!!!!!!! Report Abuse

Reply:Do nothing!!!!!!!!!





"Who can be sued in small claims? You may sue any person or business operating in Kansas that you believe owes you money or property. That person must reside in the county where the case is filed. You may not sue the state, county, city or township entity, or any other government in small claims court. "





This is from the Kansas Courts....they can not sue you in Kansas...if they want to bring small claims action against you...they need to file in Florida!!!!!!!!!!!
Reply:The question of the hour though is did the insurance company advise you they were going to get a land surveying company to perform this work at your expense or when you contacted them did they send you any documents to sign so they can pursue this matter on your behalf? If you answered no to these questions I would certainly include in my letter as well as who I spoke to (including dates and times) and the nature of our conversations in as much detail as you can recall.