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.
Assuming that you have the right to file in a different state (such as because the defendant or one of them lives there, or the cause of action arose there), the general process is similar as that of other states. Broadly, you have to state a "short and plain statement" of why you are entitled to relief. This could be, for example, because the person being sued breached a contract. If it was a written contract, you should state what each party was to do and what the defendant failed to do. It should also state how and in what amount you were damaged. A copy of the written contract should be attached. If the suit is based on a verbal contract, you need to state the same facts as above, but there would be nothing to attach. If the suit was based upon a tort (a "personal wrong", such as negligence), you would state what the defendant did or failed to do that harmed you under the circumstances, and how you were damaged. In either instance, the allegations of the complaint have to be in writing and signed by you. The Clerk of the Court where the suit will be filed may have forms available that you should use. The lawsuit must be filed with the Court, and a filing fee will be required. Request from the Clerk a "true copy" of the summons and complaint, showing the case number assigned to it. A summons is a document that directs the sheriff or the process server to deliver the lawsuit to the person being sued. A form for the summons will be available at the Clerk of Court's office. If the person is out of state, you will need to determine the county in which he/she lives, the location of the sheriff's office or of a process server to serve the lawsuit, and the cost of having it served. Send the copy of the summons and complaint, together with payment of the charge for service to the sheriff or the process server with a cover letter asking that it be served. Enclose a stamped, self-addressed envelope to return to you the proof of service showing that the defendant was served. If the sheriff or process server returns an original and a copy of the return of service to you, file the original with the court and keep a copy for your records.
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.
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.
It means that the state believes that the defendant has violated the conditions of the bond or there is some reason that the state believes that the defendant should be confined while waiting for trial.
When a case is "removed" to federal court, it was originally filed in State court, but then was "removed" or moved to federal court because it presents some sort of federal law issue. An "answer" is when, in the most common case, a defendant "answers" the claims the plaintiff has made against them.
No, you generally cannot file a small claims suit out of state. Small claims cases are typically limited to the state where the incident occurred or where the defendant resides.
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.
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.
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.
Small Claims Court. Depending on what state you are in depends on the maximum you can sue a defendant.
The state in which the alleged incident occurred.
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.
No. The small claims court works locally.
Yes, you can file small claims out of state. The necessary steps typically include determining the jurisdiction, filling out the required forms, paying any filing fees, serving the defendant with the lawsuit, and attending the court hearing. It is recommended to consult with an attorney or research the specific rules and procedures of the state where you plan to file the claim.
Small claims court cases can be filed in different states across the United States, with each state having its own specific rules and procedures for handling such cases.
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.
No, you generally cannot file a small claims case in a state other than your own. Small claims cases are typically limited to disputes within the state's jurisdiction where the claimant resides or where the incident occurred.