text: would a judge dismiss the case if the defendant is out of the county? i'm trying to sue my former roomate and found out that he has moved to arizona.  i was told that the judge might dismiss the case if he requests it because i'm suing him and the papers have the current address in arizona.  i was told to serve him in arizona but with his address he had when he was living with me.  can anyone tell me what i should do?  thanks! well, if he is not in the state you cannot get personal jurisdiction over him unless he has certain minimum contacts with your state (complicated - ask your lawyer)  if he has property or assets in the state you can get in rem jurisdiction over him  if he shows up to defend the suit, you can get jurisdiction over him unless he makes a 'special appearance' - an appearance just to contest jurisdiction (if he argues anything else it is waived)