Can a Writ of Bodily Attachment Be Served Outside the State?
Full Question:
Answer:
In personam jurisdiction is obtained when the respondent/ defendant is properly served with a summons and complaint either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown).
In order to serve a defendant with the state's long arm statute, the defendant must have minimum contacts with the state. Minimum contacts can consist of either some type of systematic and continuous contact with the forum ("general jurisdiction"), or isolated or occasional contacts purposefully directed toward the forum ("specific jurisdiction"). A single contact can suffice to establish personal jurisdiction, but where jurisdiction is based on a single contact, the nature and quality of the contact is determinative. The principal test of foreseeability in a due process analysis "is that the defendant's conduct and connection with the forum state are such that he should reasonably anticipate the possibility of defending a suit in the forum. Ownership of property in the state may satisfy this requirement.
Please see the following FL statutes to determine applicability:
CHAPTER 88 UNIFORM INTERSTATE FAMILY SUPPORT ACT
88.2011 Bases for jurisdiction over nonresident. —
In a proceeding to establish, enforce, or modify a support order or to
determine parentage, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual or the individual's guardian or
conservator if:
(1) The individual is personally served with citation, summons, or notice
within this state;
(2) The individual submits to the jurisdiction of this state by consent,
by entering a general appearance, or by filing a responsive document having
the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses
or support for the child;
(5) The child resides in this state as a result of the acts or directives
of the individual;
(6) The individual engaged in sexual intercourse in this state and the
child may have been conceived by that act of intercourse;
(7) The individual asserted parentage in a tribunal or in a putative
father registry maintained in this state by the appropriate agency; or
(8) There is any other basis consistent with the constitutions of this
state and the United States for the exercise of personal jurisdiction.
88.3051 Duties and powers of responding tribunal. —
(1) When a responding tribunal of this state receives a petition or
comparable pleading from an initiating tribunal or directly pursuant to s.
88.3011(3), it shall cause the petition or comparable pleading to be filed
and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent otherwise
authorized by law, may do one or more of the following:
(a) Issue or enforce a support order, modify a child support order, or
render a judgment to determine parentage.
(b) Order an obligor to comply with a support order, specifying the
amount and the manner of compliance.
(c) Order income withholding.
(d) Determine the amount of any arrearages, and specify a method of
payment.
(e) Enforce orders by civil or criminal contempt, or both.
(f) Set aside property for satisfaction of the support order.
(g) Place liens and order execution on the obligor's property.
(h) Order an obligor to keep the tribunal informed of the obligor's
current residential address, telephone number, employer, address of
employment, and telephone number at the place of employment.
(i) Issue a bench warrant, capias, or writ of bodily attachment for an
obligor who has failed after proper notice to appear at a hearing ordered
by the tribunal and enter the bench warrant, capias, or writ of bodily
attachment in any local and state computer systems for criminal warrants.
(j) Order the obligor to seek appropriate employment by specified
methods.
(k) Award reasonable attorney's fees and other fees and costs.
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order
issued under this act, or in the documents accompanying the order, the
calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the payment of
a support order issued under this act upon compliance by a party with
provisions for visitation.
(5) If a responding tribunal of this state issues an order under this
act, the tribunal shall send a copy of the order to the petitioner and the
respondent and to the initiating tribunal, if any.
88.8011 Grounds for rendition. —
(1) For purposes of this article, "Governor" includes an individual
performing the functions of Governor or the executive authority of a state
covered by this act.
(2) The Governor of this state may:
(a) Demand that the Governor of another state surrender an individual
found in the other state who is charged criminally in this state with
having failed to provide for the support of an obligee; or
(b) On the demand by the Governor of another state, surrender an
individual found in this state who is charged criminally in the other state
with having failed to provide for the support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this
act applies to the demand even if the individual whose surrender is
demanded was not in the demanding state when the crime was allegedly
committed and has not fled therefrom.
88.8021 Conditions of rendition. —
(1) Before making demand that the Governor of another state surrender an
individual charged criminally in this state with having failed to provide
for the support of an obligee, the Governor of this state may require a
prosecutor of this state to demonstrate that at least 60 days previously
the obligee had initiated proceedings for support pursuant to this act or
that the proceeding would be of no avail.
(2) If, under this act or a law substantially similar to this act, the
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act, the Governor of another state makes
a demand that the Governor of this state surrender an individual charged
criminally in that state with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the Governor
may require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If it
appears that a proceeding would be effective but has not been initiated,
the Governor may delay honoring the demand for a reasonable time to permit
the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the individual
whose rendition is demanded prevails, the Governor may decline to honor the
demand. If the petitioner prevails and the individual whose rendition is
demanded is subject to a support order, the Governor may decline to honor
the demand if the individual is complying with the support order.
61.11 Writs. —
(1) When either party is about to remove himself or herself or his or her
property out of the state, or fraudulently convey or conceal it, the court
may award a ne exeat or injunction against the party or the property and
make such orders as will secure alimony or support to the party who should
receive it.
(2)(a) When the court issues a writ of bodily attachment in connection
with a court-ordered support obligation, the writ or attachment to the
writ must include, at a minimum, such information on the respondent's
physical description and location as is required for entry of the writ
into the Florida Crime Information Center telecommunications system and
authorization for the assessment and collection of the actual costs
associated with the service of the writ and transportation of the
respondent in compliance thereof. The writ shall direct that service and
execution of the writ may be made on any day of the week and any time of
the day or night.
(b) The clerk of the court shall forward a copy of the writ for service
to the sheriff of the county in which the writ is issued.
(c) Upon receipt of a writ from the clerk of the court, the sheriff shall
enter the information on any unserved writ into the Florida Crime
Information Center telecommunications system to make the information
available to other law enforcement agencies within the state. The writ
shall be enforceable in all counties of the state.
(d) Upon receipt of the purge payment, the receiving agency shall provide
the subject with a written receipt acknowledging such payment, which must
be carried on the person of the respondent for a period of at least 30 days
from the date of payment as proof of such payment. A sheriff receiving such
payment shall forward the funds to the sheriff who entered the information
about the writ into the Florida Crime Information Center telecommunications
system and who shall forward the funds to the appropriate clerk of court.
(e) After a writ is modified, purged, recalled, terminated, or otherwise
rendered ineffective by ruling of the court, the clerk of the court shall
notify the sheriff receiving the original writ. That agency shall modify or
cancel the entry in the Florida Crime Information Center telecommunications
system in accordance with such notification.
