What is the name of your state (only U.S. law)? WV
I have read the small claims site for CT. I am looking to file against someone who sold me a faulty, broken item online and refused a refund, and will no longer answer emails or calls. I have the listing they had the item under saved, and the emails exchanged. I'm looking for the form I need to fill out.
Official Court Forms of the Connecticut Judicial Branch
Unfortunately, you’ve got more hurdles to jump than just coming up with boilerplates.
First, in order for a Connecticut court to assume personal jurisdiction over the non-resident vendor/defendant you will need to plead facts bringing your cause of action within Connecticut’s Long-Arm Statute (Conn. Gen. Stat. 52-59(a)(1)
Plus, comply with any applicable Connecticut civil/court rules regarding service of process outside of state.
Secondly, there is the question of whether or not such a formal process is even permitted in a small claims informal forum. You best talk with a local attorney familiar with those procedural rules. But my bet is that you will need to file in a higher court.
Thirdly, there is a practical issue to be weighed. Which is, that should you recover a judgment in Connecticut, any post judgment processes directed at enforcing such a judgment would have to be issued out of the judgment debtor’s state of residence.
And this only after you’d completed the lengthy an exasperating process (and I use the word "exasperating" advisedly) of having the Connecticut judgment domesticated/recorded/filed/certified or whatever is required in that particular sister state. Which in the minimum will require another bit of personal service on the judgment debtor, plus making a return of service to the sister state’s court.
And hope that the judgment debtor doesn't file a formal challenge testing the adequacy of your Connecticut judgment. Because if he does, you will have to either appear in court in his state to defend against the challenge, or throw in the towel.
And if you successfully avoid the challenge, then take your chances of finding any non-exempt assets of the judgment debtor that you can sic a local (non-resident to you) sheriff on.
Not to mention trying to coordinate all of the above while wrestling with the geographical gulf.
