33-1408. Jurisdiction and service of process;
recovery of attorney fees; treble damages
A. The appropriate court of this state may exercise jurisdiction over any landlord
or tenant with respect to any conduct in this state governed by this chapter or with
respect to any claim arising from a transaction subject to this chapter. In addition to
any other method provided by rule or by statute, personal jurisdiction over a landlord
may be acquired in a civil action or proceeding instituted in the appropriate court by
the service of process in the manner provided by this section.
B. If a landlord is not a resident of this state or is a legal entity not
authorized to do business in this state and engages in any conduct in this state governed
by this chapter, or engages in a transaction subject to this chapter, the landlord shall
designate an agent upon whom service of process may be made in this state. The agent
shall be a resident of this state or a legal entity authorized to do business in this
state. The designation shall be in writing and filed with the secretary of state. If no
designation is made and filed or if process cannot be served in this state upon the
designated agent, process may be served upon the secretary of state, but the plaintiff or
petitioner shall forthwith mail a copy of this process and pleading by certified mail to
the defendant or respondent at his last reasonably ascertained address. If there is no
last reasonably ascertainable address and if the defendant or respondent has not complied
with section 33-1432, subsections A and B, service upon the secretary of state shall be
sufficient service of process without the mailing of copies to the defendant or
respondent. Service of process shall be deemed complete and the time shall begin to run
for the purposes of this section at the time of service upon the secretary of state. The
defendant shall appear and answer within thirty days after completion thereof in the
manner and under the same penalty as if he had been personally served with the
summons. An affidavit of compliance with this section shall be filed with the clerk of
the court on or before the return day of the process, if any, or within any further time
the court allows. Where applicable, the affidavit shall contain a statement that the
defendant or respondent has not complied with section 33-1432, subsections A and B or the
affiant could not ascertain compliance by inquiry directed to the secretary of state.
C. In any contested action arising out of an agreement entered into pursuant to
this chapter or for violation of any provisions of this chapter, the court may award the
successful party reasonable attorney's fees. The award of reasonable attorney's fees
shall be made to mitigate the burden of the expense of litigation to establish a just
claim or a just defense. The award need not equal or relate to the attorney's fees
actually paid or contracted and may not exceed the amount paid or agreed to be paid.
Reasonable attorney's fees shall be awarded by the court upon clear and convincing
evidence that the claim or defense constitutes harassment, is groundless and is not made
in good faith. In making such award, the court may consider such evidence as it deems
appropriate and shall receive such evidence during trial on the merits of the cause, or
separately, regarding the amount of such fees as it deems in the best interest of the
parties.
D. Treble damages may be awarded by the court in any contested action arising under
this chapter upon clear and convincing evidence that the claim or defense constitutes
harassment, is groundless and is not made in good faith. In making such award, the court
may consider such evidence as it deems appropriate and shall receive this evidence during
trial on the merits of the case, or separately. If the action is brought in justice
court and a party intends to request treble damages, the party shall file with the
justice court a pleading stating that treble damages are sought and that the justice
court may lawfully award treble damages within the court's jurisdiction of civil
actions. In the absence of such pleading, the justice of the peace may not award treble
damages. If an opposing party files a verified pleading alleging that with treble
damages the amount involved is potentially in excess of the justice court's jurisdiction
of civil actions, the provisions of section 22-201, subsection G shall apply.
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