Can you file a small claims lawsuit against someone in another state?
Full Question:
Answer:
It is unclear from your question whether you are referring to an internet service that offers to handle the small claims filing for you or whether you are referring to an individual filing small claims cases in various states via the internet. A handful of states now allow limited online filing of cases by individuals, including small claims cases. You should check with your local court clerk to find out whether online filing is possible in your state and county.
State filing requirements vary by state, but generally to start the process, most states require that a small claims suit be filed in a small claims court in the county where the party being sued actually resides (or has business headquarters), rather than the one in which the plaintiff resides. Alternatively, some courts allow the suit to be filed in the district where the injury or event occurred (where "the cause of action arises"). Generally, the complaint itself may be handwritten or a prepared form. In many small claims courts, a court clerk will take care of "service of process," but in many states, plaintiffs are responsible. Individuals should check with their local court clerk to find out where their small claims complaint should be filed.
Although there are services available for a limited number of states (and a limited number of counties within those states), which offer online filing of small claims cases by individuals, we are unable to validate or endorse a particular service with which we do not have an affiliation. We can not give an opinion as to the value or reputation of such services. In general, a plaintiff must file a case in the county in which the defendant resides or in the county where the transaction or occurrence took place. Online services may only handle the filing of cases, and may require the individual to be responsible for service of process on the defendant.
