How to sue an out-of-state person?

[spmnus]

Hello

We're from Minnesota and a person who owns a business in Florida owes us more than $3,900. He kept avoiding paying us back excuses after excuses and finally stopped any communication with us. He said he knows all the laws and things like that and he believes we would be unable to sue him because we're out of state and the money owed is not worth the hassle. Well, we'll do it no matter what but still pondering what options to choose.

The first question we need to know is can we sue him in the state of Minnesota or do we have to travel down to Tampa, Florida and file a claim there?

If we have to file in Florida, do we have to file in Tampa or any city in Florida? Do we have to file in person or via mail or have somebody other than a lawyer to do that on our behalf? How would he be served? Would we have to be present in court?

Thanks very much for time to answer our questions.

spmnus.

 

[latigo]

Hello

We're from Minnesota and a person who owns a business in Florida owes us more than $3,900. He kept avoiding paying us back excuses after excuses and finally stopped any communication with us. He said he knows all the laws and things like that and he believes we would be unable to sue him because we're out of state and the money owed is not worth the hassle. Well, we'll do it no matter what but still pondering what options to choose.

The first question we need to know is can we sue him in the state of Minnesota or do we have to travel down to Tampa, Florida and file a claim there?

If we have to file in Florida, do we have to file in Tampa or any city in Florida? Do we have to file in person or via mail or have somebody other than a lawyer to do that on our behalf? How would he be served? Would we have to be present in court?

Thanks very much for time to answer our questions.

spmnus.

Minnesota courts may or may not be able to exercise personal jurisdiction over the Florida resident. But it is impossible to know whether your state's Long Arm Statute applies from the mere telling that someone in Florida owes you money.

If you want to know what circumstances must exist in order to invoke the statute, then read below. It is self-explanatory.

And yes, whether Florida or Minnesota you would need to be personally present for trial and perhaps more.

Minn. Stat. Section 543.19. Personal jurisdiction over nonresidents

Subdivision 1. Personal jurisdiction. As to a cause of action arising from any acts enumerated in
this subdivision, a court of this state with jurisdiction of the subject matter may exercise personal
jurisdiction over any foreign corporation or any nonresident individual, or the individual's personal
representative, in the same manner as if it were a domestic corporation or the individual were a
resident of this state. This section applies if, in person or through an agent, the foreign corporation
or nonresident individual:

(a) owns, uses, or possesses any real or personal property situated in this state; or
(b) transacts any business within the state; or
(c) commits any act in Minnesota causing injury or property damage; or
(d) commits any act outside Minnesota causing injury or property damage in Minnesota,. . ."

 

[spmnus]

Thanks for the reply, latigo.

It was because we trusted the guy since we were doing business with him before. He asked us to ship him some merchandise and he'll pay us later. He reneged his promise. He also provoked a changeling attitude, saying if we are able to sue him.

 

[spmnus]

Can we sue him in a federal court then?

 

[looking4trth]

Hello

We're from Minnesota and a person who owns a business in Florida owes us more than $3,900. He kept avoiding paying us back excuses after excuses and finally stopped any communication with us. He said he knows all the laws and things like that and he believes we would be unable to sue him because we're out of state and the money owed is not worth the hassle. Well, we'll do it no matter what but still pondering what options to choose.

The first question we need to know is can we sue him in the state of Minnesota or do we have to travel down to Tampa, Florida and file a claim there?

If we have to file in Florida, do we have to file in Tampa or any city in Florida? Do we have to file in person or via mail or have somebody other than a lawyer to do that on our behalf? How would he be served? Would we have to be present in court?

Thanks very much for time to answer our questions.

spmnus.

I disagree with Latigo's reply. You DO NOT have to physically be present to sue someone in another state. You need to sue in the County where the debtor lives and when you are scheduled for an appearance, simply file a motion for permission to appear telephonically; they are granted 99% of the time.
After you file your complaint, in FL's Small claims court, the Clerk will serve the debtor via Registered mail. I suggest you go to the county's website and download the forms you need. If you have someone else act on your behalf you will need to provide them with a Power of Atty. Does anyone that would act in your place know as much about your case as you do?


L4T

 

[latigo]

Thanks for the reply, latigo.

It was because we trusted the guy since we were doing business with him before (!). He asked us to ship him some merchandise and he'll pay us later. He reneged his promise. He also provoked a changeling attitude, saying if we are able to sue him.

The subject interstate transaction plus the mentioned former similar business dealings with the non resident debtor, though problematic, could very well serve as the necessary connection with your state needed to trigger Minnesota's long arm statue.

But in view of his "in your face FU" attitude what I would/might do is to go ahead and file in Minnesota, cite the statute, plead the necessary elements of non-resident jurisdiction and serve the jerk in Florida. Them let him challenge the court having personal jurisdiction.