answersLogoWhite

0

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.

User Avatar

Wiki User

16y ago

What else can I help you with?

Continue Learning about Law

How do you file a small claims suit in a different state?

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.


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?

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.


The Defendant has removed the case to Federal Court and filed an Answer?

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.

Related Questions

Can I file a small claims suit out of state?

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.


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.


Can you file small claims out of state and if so, what are the necessary steps to do so?

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.


In which different states can small claims court cases be filed?

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.


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.


Can I file a small claims case in a state other than my own?

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.