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What steps do I have to take to file a civil case against someone outside the state I live in?
State/Country of Question: Delaware Already Tried: Sending a letter with an outline of what is is owned requesting the money to be paid back. Along with numerous telephone calls.
HJow much money do you want to claim in damages? What state are you in? When did the events occur that created your right to sue?
The total amount owed is approxiamtely $26,000.00. I live in the state of Delaware and the defendant lives in the state of New Jersey and South Carolina. The events occured in January 2009.
I assume the events taht give rise to the lawsuit took place in Delaware. You can file suit in Delaware. The summons can be served outside the state and the defendant required to appear and defend the action in Delaware. I recommend that you retain an attorney because you will have to file in the regular trial court. If you decide to sue without an attorney you will have to familarize yourself with the court rules on how to proceed. To start the action you file a complaint setting forth the basic facts which show you are entitled to a judgment in your favor. YOu will also get a summons issued from the court to the defendant requiring him or her to appear and defend. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
What type of attorney should I look for?
A personal injury specialist should be able to help you and may well take it on a contingency basis. You can locate such an attorney in your area on lawyers.com If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site. This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Attorney
30 years experience corporate, litigation, international