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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in Illinois but I was injured in an automobile accident

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I live in Illinois but I was injured in an automobile accident in Indiana. The defendant also lives in Illinois. Can I file small claims against the Defendant here in Illinois?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the other party also lives in IL, you can file suit in IL. Because the accident happened in Indiana, the IL court may have to apply the Indiana law under their choice of law rules, but because the parties reside in IL, the small claims court would have personal jurisdiction over the defendant if you file in the IL county where the defendant resides.

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Customer: replied 3 years ago.

Does it have to be the County where the D resides? It is not a big deal I suppose, but I live in a different county, and all of my witnesses also live in the same county I do.

Thank you for your response.

Because small claims is a court of limited jurisdiction, to get personal jurisdiction over the defendant you have to file in the county where the defendant resides, even though you and your witnesses live in another county I am afraid.
Customer: replied 3 years ago.

Ah ok…..last question….If I file as an "L" or Law case, and allege above the minimum requirements based on pain and suffering, does this change your advice with regards XXXXX XXXXX of choice? Thanks

Thank you for your response.

If you do not file in small claims, then the IL courts have jurisdiction over anyone in the State of Illinois. See: 735 ILCS 5/2-209(b)(1).
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