How to File an out of State Small Claims Suit

While most states will not allow you to file a small claims suit against someone who lives out of state (there are a few exceptions), you can file your case in the other party's state. Filing an out of state small claims suit requires a bit more diligence and patience than filing within your own state, so make sure to check the law in both your home state and the state you are filing in.

Difficulty:

Moderately Challenging

Instructions

Things You'll Need

• Ability to travel to all court dates
• Computer with Internet access

1. Check to see if the state in which the defendant (the person you want to file a claim against) lives has a small claims court, which is called a magistrate court in some states.

2. Try to work out a settlement. When your defendant and the suit are out of state, he or she may chose to move the trial to a different court or prolong the proceedings as long as possible, making it difficult for you to keep visiting the state to go to court. A settlement for a smaller amount may make sense in the long run.

3. File your suit online if possible. Check to see if the state in which you wish to file the small claims suit allows forms to be filed via the Web. You may have to go through an approved private vendor for a small fee. Links to online filing and referrals to outside services can usually be found on the Web site for the court in which you will file.

4. Consider hiring a lawyer who can file many of the forms on your behalf. You must still attend all hearing dates, but some of the initial legwork can be done by the attorney.

5. Read through the legal guides found in Nolo's "Small Claims Resource Center" (see Resources below). The articles "Small Claims Court FAQ," "What Types of Cases Can Be Resolved in Small Claims Court?" and "Chart: Statutes of Limitations in All 50 States" may provide you with additional insight into filing in small claims out of state.

Tips & Warnings

• Check with the court clerk to confirm jurisdiction. You may usually only sue an out-of-state defendant in your own state if he or she owns property or runs a business in your state. It is often not enough that the dispute arose in your area.

• Because most courts will not reimburse your travel expenses (only legal expenses), you will need to watch your budget to make sure the judgment will cover the extra cost.