Can you sue someone in small claims court in another state? (rent, suing) - debt, loans, credit cards, banks, insurance... - City-Data Forum

lovebrentwood · 08-04-2009, 12:12 PM

Can you sue someone (or a business) in small claims court if you do not reside in the state that they do?

chet everett · 08-04-2009, 12:23 PM

It is common to bring suit where the alleged 'wrong' has taken place -- thus if you hired a person to work on your home in MI, but the contractor lived in IN and you in IL the suit would likely be brought in MI.

Makes sense?

subsound · 08-04-2009, 12:53 PM

Unless it's a large business it's usually better to sue them in the state they reside. Multi state businesses are not subject to the same rule, if they do a "significant" amount of business in a state they can be sued there (which includes internet businesses).

There was an active example where I knew some one who ordered from an internet business a pretty costly item and never shipped. They used the same argument that they needed to be sued in their home state of the business, but were found to have do more then 30% of their business in our state and the judge allowed the suit to continue.

Donn2390 · 08-04-2009, 01:29 PM

I live in California and sued a company in Oregon a couple of years ago. We had to make the trip to Oregon to go to court, so we added the cost of the trip to the lawsuit.
Just our luck, the court date we were assigned was Jan 15, and Portland had the worst snow storm of the decade that day.
The people we were suing were surprised to see us, they didn't think we would come all the was from So Calif, especially in a snow storm. When they saw us, they settled imediately.
Yes, it was a small claims case...

berdee · 08-04-2009, 04:51 PM

Quote:

Originally Posted by chet everett

It is common to bring suit where the alleged 'wrong' has taken place -- thus if you hired a person to work on your home in MI, but the contractor lived in IN and you in IL the suit would likely be brought in MI.

Makes sense?

Like chet said, if the wrong took place in your state then you file the suit in your state .. and then you would serve the registered agent of the business you are suing.

Quote:

Originally Posted by Donn2390

I live in California and sued a company in Oregon a couple of years ago. We had to make the trip to Oregon to go to court, so we added the cost of the trip to the lawsuit.
Just our luck, the court date we were assigned was Jan 15, and Portland had the worst snow storm of the decade that day.
The people we were suing were surprised to see us, they didn't think we would come all the was from So Calif, especially in a snow storm. When they saw us, they settled imediately.
Yes, it was a small claims case...

I love it

lovebrentwood · 08-08-2009, 04:14 PM

Thanks!

ksmith546 · 10-20-2009, 02:49 PM

I'm in Texas, the guy that owes me $500 is in North Carolina but the property I was going to rent for a vacation is in South Carolina. The internet company that put us together is also in Texas but they aren't at fault. Which state can I file in? I really don't want to drive to the Carolinas for this if I can help it. That would jack up the cost another $500 in hotels and other expenses.

Thanks,
Kathy
Dallas, TX

vyper340 · 01-21-2010, 07:43 AM

Sorry to hijack but my question is of the same nature and also may be applicable to the orginal post.

I bought a car from a dealer in Maryland (near Virginia) and live in southern Virginia. I feel that the item was misrepresented and the dealer has not made good on other items listed and promises made via email (and verbal) communication. I am trying to work out the issues and feel that I am being more than fair as well as giving weeks of time to get satisfaction.

Can I file a small claims suit against them in my area? I ask because I live about 200 miles from the northern VA/Maryland area where this dealer is located. I am certain the dealer sells cars in Maryland/Virginia/DC/and other surrounding states.

conc1 · 02-24-2010, 05:27 PM

I have a similar issue, any advice?
A Chicago based broker company that shipped concrete bowls from California to Texas for me damaged one of the bowls. Their insurance covers damages up to 15 days after delivery, the damage was discovered 5 days after delivery (the delivery was made without the owners being home). Can I sue the company in small claims court, if so where? The company has an office in LA

texdav · 02-24-2010, 06:50 PM

Sounds like they need to file a insurance claim. If you were not going to be home .you should habe specified signature required but if it arrived broken then the insursnce covers it. Notifiy them.