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What if the defendant is in a different state Can you file a small claims case then?
Wiki User
∙ 14y ago
You can file a small claims case against anyone, anywhere. Out of state Defendants are normally served Summonses by the deputy sheriff or constable in their home state. If they fail to appear in the court designated on the Summons, a default judgment can be entered against him. The difficulty in this type of situation is that the service of the Summons will cost more and a judgment is more difficult to collect on. If a judgment is won by the Plaintiff in a situation like this, he has to have the judgment "domesticated" in the Deft.'s state, then proceed on collecting on the Judgment according to that state's laws.
Wiki User
∙ 14y ago
Yes, you can file a small claims case against a defendant in a different state but there may be limits on the jurisdiction depending on the state's laws. You may need to file the case in the state where the defendant resides or where the issue occurred if it meets the legal requirements for jurisdiction in that state.
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How do you file a small claims suit in a different state?
To file a small claims suit in a different state, you typically need to check the jurisdiction's specific rules and procedures for filing a small claims case. This may involve filing a complaint with the appropriate court in the state where the defendant resides or where the incident occurred. You may also have to pay a filing fee and ensure proper service of process on the defendant. It is advisable to seek legal advice or assistance to ensure you follow the correct steps.
How many small claims courts are in Connecticut?
There are 24 small claims courts in Connecticut, one in each geographic district of the state. These courts handle civil cases involving monetary claims up to a certain limit, providing an accessible and affordable option for individuals to resolve disputes.
Can you sue someone in small claims court in another state?
In general, you can sue someone in small claims court in another state if you meet the jurisdictional requirements of that state. However, the process can be complicated and may involve additional costs, such as travel expenses. It's advisable to consult with an attorney or the court in the state where you wish to file the lawsuit for guidance on the specific procedures and requirements.
What does state's motion to revoke bond mean?
A state's motion to revoke bond is a legal request asking the court to cancel a defendant's bail and return them to custody. This is typically done when the defendant has violated the conditions of their release or is deemed a flight risk. If granted, the defendant could be held in jail until their trial.
The Defendant has removed the case to Federal Court and filed an Answer?
Once a case is removed to Federal Court, the parties will proceed with the litigation in the federal forum. The Defendant's filing of an Answer indicates that they are responding to the allegations raised in the complaint and presenting their defense to the claims asserted by the Plaintiff. Both parties will continue to engage in the legal process as the case moves forward in Federal Court.
How do you file a claim in small claims court if the defendant lives in a different state?
I haven't tried this, but I think you just file like you would do if they lived in your state and it is their problem if they get there. You may have to pay to have them served the papers.
How can you take someone to small claims court in Las Vegas NV if they live in Woodland Hills CA?
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
Can a town be sued in small claims court?
Maybe. Each state has different laws regarding whether or not towns can be sued in small claims court. For example, Washington State does not allow the practice, while in California, people can sue towns, cities, and even the state in small claims court. Most small claims courts give free brochures explaining the small claims process, including who can and cannot be sued in small claims. Contact your local small claims court for details.
Courts that hear civil cases involving limited amounts of money are called what?
Small Claims Court. Depending on what state you are in depends on the maximum you can sue a defendant.
When defendant and plantiff live in different states In which state is the court case held?
The state in which the alleged incident occurred.
How do you serve small claims?
The process of serving small claims varies from state-to-state. They are generally served in the same way as civil summonses. As a general rule, neither you, anyone related to you, nor any witnesses in the case may serve the small claim. Most people have the claim served by a licensed process server or send it certified mail, return receipt requested, restricted delivery to the defendant(s). Your local small claims court can provide you with specific service information based on your state's laws.
Can you sue in small claims court in another state?
No. The small claims court works locally.
What can you do if you paid someone 80 dollars for a cell phone but he will not send it to you and you live in different states?
Not much unless the party involved chooses to file suit in small claims. In which case the plaintiff would need to appear in the small claims court of the state where the defendant resides. Sometimes saying you will sue, is all that is necessary to get the other party to live up to the agreement. Another option is to file a complaint with the Attorney General in the person's state of residency. If the either state has a consumer affairs division a complaint can be filed there also.
If a landlord owes a deposit and he did agree but has not paid as of yet. This was back in 10-07-07 How much can you ask for in small claims court?
Depends on your state. Please contact your local small claims court for info on your state's small claims max.
What is the maximum recovery amount in small claims court in Washington state?
In order to file a claim in small claims court in Washington State, the claim must be less than $5,000. Small claims are generally filed in the district court in the appropriate county. For more information on small claims actions in Washington State, as well as county-specific resources, visit the related link.
What is the minimum amount you can sue someone for in small claims court?
$5000 is the limit for a small claims case in Wisconsin. Most small claims cases are heard in Wisconsin Circuit Courts. For more information on small claims cases in Wisconsin, including forms and guides, visit the Wisconsin Court Self-Help Guide related link.
Where would a small claims case be filed?
That which constitutes a small claims case is defined by each state in terms of the dollar amount of the claim. In many states the limit is $1,000; in many it is $2,500, and it mat be different elsewhere. You must check the law of the state in which suit is to be filed to determine whether your case qualifies for small claims court. In part, this will determine the amount of the filing fee that you have to pay, and also, the formality of the proceeding. Small claims cases usually are handled under more relaxed rules of procedure than cases that are not small claims. The case gets filed in the court that has "small claims" jurisdiction. Jurisdiction refers, in this context, to the court's power and authority to hear the case-- specifically, the dollar amount in issue. This might be called "County Court", "Magistrate's Court" or by some other name; there is no uniformity in name as each state is different.
