Can i be sued by small claims in another state?

[frondog9]

i live in texas, my wife tried to make a purchase of parking passes last year to a dallas cowboys football game. The website never sent the tickets and would never answer their phone. Many attempts to get them to answer were tried and never went through. My wife called the fraud department of our credit card. they refunded the money as a temp transaction but later gave the money to the site. the next day the site refunded our money (we have proof via credit card).

Now almost one year later they sent copies of unfilled suit papers stating that we owe them 72 dollars( 60 for tickets they never sent 12 for a fee). We never responded because they were clearly a forgery. Now they are calling and saying they are suing us for 125 dollars for the cost of a "cancellation fee" for tickets they never sent.

They say they are filling in small claims court in Clark County Nevada. As we do not live in Nevada can they actually sue us via small claims court?

 

[confused65]

Small Claims out-of-state

I believe the answer to the OP's question is "yes" - you can be sued in small claims out of state but I don't think your case applies. Plus, I think they would have to serve you in your own state or if you happened to be in the state (Nevada). I'm not a lawyer BTW this is just from research on my own case.

My question: I own some land in Michigan but live in California. A guy that lives by my property is claiming that something that happened on my property caused him damage. His own insurance company has denied his claim, my insurance company says he has no claim, he can't find a lawyer take his case so...he sent me a letter saying he was going to take me to small claims and "oh by the way" you'll have to appear if I do that. Clearly he's thinking that I'll cave rather than incur the expense of travelling to Michigan.

I'm not sure I like the idea of ignoring a certified letter serving me so assuming I accept the clerk's notice...
1. Do I really have to appear in court or can I name someone to appear in my stead (e.g. my property manager)?
2. Can I dispute the suit via mail? I'm pretty sure that anyone that looks at this case will immediately dismiss it, I just don't want to have to travel to Michigan to do it.
3. Assuming I do have to show up, can I countersue for travel expenses that I would incur going to the out-of-state court?

 

[jrichards578]

Small Claims Court

I believe that in Georgia and many other states, in order to sue someone in small claims court you must do so in the county that the defendant lives in. Additionally, the party must be properly served. So, you can sue someone in your state only by filing against them in the county they live in, so if they do not live in your state, you will not be able to sue them, and additionally, you would not be able to serve them. links: <a href=”http://persilylaw.com”> Attorney </a> or Persily & Associates | Atlanta Law Firm | Top Atlanta Lawyers | Attorneys in Atlanta, GA

 

[[email protected]]

Being sued in small claims court in a different state

I have recently been sued in FL by an unscrupulous so called wedding specialist whom we unfortunately hired while visiting in FL, to assist with our daughter's upcoming destination wedding to be held in Key Largo. We live in GA. We had to fire her so she sued us in FL for breach of contract. The judge ruled we did in fact breach the contract (no paper involved, she just emailed us after we returned from FL and we agreed to hire her, then stupidly sent her a deposit, therefore, he ruled we had a contract). We had to pay the cost of traveling there for the trial and pay court costs and pay her additional fees that she "made up" after we fired her. The judge made a point to tell us we should have settled in the mandatory pretrial mediation he had ordered. However, plaintiff refused to negotiate and we refused to be extorted any further by her. We ended up paying!

 

[Zigner]

Wow, a TRIPLE HIJACK...
Amazing...

 

[confused65]

Getting Served

Additionally, the party must be properly served. So, you can sue someone in your state only by filing against them in the county they live in, so if they do not live in your state, you will not be able to sue them, and additionally, you would not be able to serve them.

This goes contrary to what I've found on the web. You can serve an out-of-state defendant via certified mail or a hired professional. The first option is cheapest and easiest but the person (or business) in question can always refuse to accept/sign and the notice will be returned undelivered. The second option is more reliable but also more costly (I think I've read in the neighborhood of $300-$400).

Wow, a TRIPLE HIJACK...
Amazing...

These questions are all related. Should we open up three different threads for the same basic question?

 

[Zigner]

This goes contrary to what I've found on the web. You can serve an out-of-state defendant via certified mail or a hired professional. The first option is cheapest and easiest but the person (or business) in question can always refuse to accept/sign and the notice will be returned undelivered. The second option is more reliable but also more costly (I think I've read in the neighborhood of $300-$400).

You need to check how this applies to small-claims court.

These questions are all related. Should we open up three different threads for the same basic question?

Yes

 

[confused65]

You need to check how this applies to small-claims court.

My answer applies to how to serve an out-of-state defendant in small claims court. Unfortunately, all my research has only applied to small claims in California.

Small Claims Plaintiff: How Do I Serve My Claim?

How to Win in Small Claims Court in ... - Google Book Search

 

[confused65]

Oh brother!
Look, don't give advice if you have NO clue what you're talking about.

OP - you cannot serve the out-of-state defendant in the manner if which this confused guy told you...

A. I said in my original OP that I was not a lawyer.
B. I put a caveat in my post saying "from my research on the web"
C. Unlike you, I posted links to information I found. Right or wrong they're there for the OP to read on his own.
D. Again, unlike you, I did not act like an ASS when I posted.

Sorry Zigner, don't know what I did to get your panties in a twist but hey, have a nice day anyway.

 

[Zigner]

A. I said in my original OP that I was not a lawyer.
B. I put a caveat in my post saying "from my research on the web"
C. Unlike you, I posted links to information I found. Right or wrong they're there for the OP to read on his own.
D. Again, unlike you, I did not act like an ASS when I posted.

Sorry Zigner, don't know what I did to get your panties in a twist but hey, have a nice day anyway.

Sure you did...
But, the very links YOU provided show that you CAN'T do what you claimed you can do. It's one thing to provide links. It's another to actually provide links to SUPPORT your position.