Can You Sue a Person in Another State Through Small Claims Court?

An out-of-state defendant may make filing a small-claims lawsuit complicated.

If you are considering a small-claims lawsuit there are a number of rules you must be aware of. One important consideration is where the case may be filed in the case of an out-of-state defendant.

Function

Small-claims courts decide civil lawsuits where the amount in controversy is under a statutorily determined amount. The limit for filing in small claims court will vary from jurisdiction to jurisdiction but is generally less than $10,000.

Venue Out of State

If the defendant lives in another state, you may choose to file the lawsuit in the court where the defendant is domiciled. In that case, you will be required to litigate the lawsuit in that court, meaning you will need to appear for the trial in that state.

Venue in Your State

In some situations you may be able to file in the court where you are located and force the defendant to litigate the case there. Most courts follow the federal rules of civil procedure for personal jurisdiction, which allow you to file where you live if one of the following applies: the defendant conducts business there; the accident or incident that gave rise to the action happened there; or the contract was signed or carried out there. Check with your local small-claims court for venue rules before filing.

References

• Superior Court of California:Small Claims