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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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Can I sue someone from another state in small but the

Customer Question

Can I sue someone from another state in small but the dispute happened in my state and county. I live in NY State. The person lives in Texas but the money I am seeking was done in my area. She lived in NY state when money I am suing her for was given to her.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. Small claims courts are local and

as a result only have jurisdiction over cases involving individuals who live in or are present in the state. So, generally, if she now lives in Texas, you would have to sue her there. You can file the suit by mail...so you wouldn't have to go to Texas to file the suit; and, in my experience, once someone is served with the summons they are being sued and sees that you're serious, they pay without the hearing to avoid spending time and money defending a suit they can't win. If it does go to trial, you would need to appear at the hearing. BUT, there are some exceptions to the general rule. Since the transaction took place in NY, you could sue in NY if you could somehow manage to serve her while she is in NY. So, if she travels to NY, that's when you would want to file your suit and get her served.

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