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Can I sue a business in a different state?

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Nayj1

Guest
What is the name of your state? California

My husband was hired to serve a process by a collection agency in Washington state. After the process was served, the owner of the agency disputed a portion of the bill. We (my husband and I) agreed to compromise by waiving a specific fee, but we were unwilling to waive the entire amount he demanded. After that, the owner of the agency refused to pay his bill in any increment. We're talking less than a couple hundred dollars.
1. Can we sue the agency or the owner in small claims?
2. If we can, in which state would we file suit?
3. What are our enforcement options since this person is in a different state?
 


I AM ALWAYS LIABLE

Senior Member
Nayj1 said:
What is the name of your state? California

My husband was hired to serve a process by a collection agency in Washington state. After the process was served, the owner of the agency disputed a portion of the bill. We (my husband and I) agreed to compromise by waiving a specific fee, but we were unwilling to waive the entire amount he demanded. After that, the owner of the agency refused to pay his bill in any increment. We're talking less than a couple hundred dollars.
1. Can we sue the agency or the owner in small claims?
2. If we can, in which state would we file suit?
3. What are our enforcement options since this person is in a different state?
My response:

Sure you can. However, for the amount in controversy, it's really not worth the time and effort - - and the potential defendant knows it - - unless you don't mind spending dollars to go after pennies.

Next time, get a "retainer" fee up front. As a matter of fact, do this with all new customers no matter where they are situated.

IAAL
 

stephenk

Senior Member
was the process service job put in writing? Unless the agreement states what state's law is ruling, since you are based in California and they came to you to perform the service, you can file in small claims in california.

Now, the problem is in collecting any judgment you may win. If the defendant owns property in california you can get a writ and attach the property. if nothing is owned in california, you will have to get the judgment entered in washington and then collect there. The fact that you get a judgment may be enough for the defendant to pay you since you can have the judgment entered on credit reports.
 

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