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I live in Kansas and I need to file a small claims action…

Customer Question
I live in Kansas...

I live in Kansas and I need to file a small claims action against a person who lives in another state. Should I file this in Kansas?

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a debt on a loan.

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
12/7/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,459
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. Generally, jurisdiction is going to be proper a) where the defendant lives or b) where the cause of action occurred. In your case, you could argue that the jurisdiction is proper in KS because that is technically where the default on the loan occurred. However, the other party may argue that jurisdiction is improper because it would be too difficult for them to come to KS or because they would argue that jurisdiction is only proper where they live. So, my recommendation is to file in KS, but be prepared in case the other party argues otherwise.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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