How to File a Small Claims Case in Another State
Every state has provisions for bringing a small claims suit. Generally, those provisions allow anyone to bring a suit even if they reside outside of the state they are filing in, as long as they are at least 18 years of age and the total amount of the suit does not surpass the dollar limit set forth by the state. While you can easily file a claim from your home state, most small claims laws require that you appear at a hearing in the court where you filed the claim.
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Things You'll Need
- Pen
- Photo ID
- Names and addresses of defendants
- List of evidence
- Name and addresses of witnesses
Instructions
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Determine the appropriate court in which to file your claim. Most states require that a claim be filed in the municipal or district court in the county where the defendant (the person or organization you are suing) resides or does business in. Alternatively, some courts allow you to file a claim in the county where the injury or incident occurred.
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Contact the clerk of the court and explain that you are out of state but would like to bring a small claim suit. The clerk will tell you what paperwork needs to be filed in order to make your claim. Generally, you may download these forms online. If they are not available online, you will need to personally obtain the paperwork from the clerk.
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Fill in the required paperwork. Be sure to include the amount of the claim and the defendant's name and contact information. Since you are out of state, sign the form in front of a notary public.
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File the paperwork and any required filing fee with the clerk of the court. Most states allow filing by mail. Be sure to include your exact return address and contact telephone number. After the court receives and reviews your paperwork, you will be given a date and time for your hearing.
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Serve notice of the hearing and a copy of your claim to the defendant. Most states allow this to be done by certified mail. If yours does not, consider using a professional "process server" to deliver the notice and claim to the defendant. Since you are a party to the claim, you will not be allowed to serve the defendant yourself.
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Prepare for your hearing. Interview any witnesses present and give them the exact date and time of your hearing. Review any evidence that you have. Research any legal concepts that you feel may be helpful. Some states, such as Florida, allow you to utilize an attorney at your hearing. If this is the case, meet with your lawyer to discuss how you will present your case.
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Attend your hearing. Failure to attend a hearing is grounds to have it dismissed. Since you are out of state, consider arriving a day before your hearing to become familiar with where the court is, how to get there and your exact courtroom.
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Present your case. During the hearing the judge will allow each side to tell their story. This is your (or your lawyer’s) chance to explain why you should prevail. Use any evidence and witnesses to corroborate your story. After each side is finished, the judge will make a decision. In most states, if the ruling is against you, you will not have a chance to appeal the decision, since you filed the case.
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References
- Photo Credit dollars image by Mikhail Olykainen from Fotolia.com
