Where do I file small claims? In state where contract was signed or where property is

[washington2017]

What is the name of your state (only U.S. law)? Washington
I co-owned a business and property in Missouri (LLC). We closed the business and my partner wanted to keep the building for a short time. I drafted a contract in Washington state and sent it to him in Missouri which indicates that he will pay me a sum of money when the building sells, or he can make small monthly payments to me if he decides to keep the building. He has decided to keep the building, but has cut off all communications with me and hasn't made a payment.
It's just enough to make it to smalls claim court, but I'm not sure if I have to file in Missouri, or in Washington? I drafted the contract and was the first to sign it (in Washington) before sending it to him in Missouri.
Can I file small claims in Washington and not have to travel back to Missouri? Thank you for any suggestions!

 

[quincy]

What is the name of your state (only U.S. law)? Washington
I co-owned a business and property in Missouri (LLC). We closed the business and my partner wanted to keep the building for a short time. I drafted a contract in Washington state and sent it to him in Missouri which indicates that he will pay me a sum of money when the building sells, or he can make small monthly payments to me if he decides to keep the building. He has decided to keep the building, but has cut off all communications with me and hasn't made a payment.
It's just enough to make it to smalls claim court, but I'm not sure if I have to file in Missouri, or in Washington? I drafted the contract and was the first to sign it (in Washington) before sending it to him in Missouri.
Can I file small claims in Washington and not have to travel back to Missouri? Thank you for any suggestions!

You will want to file in Missouri, where the business, property and the co-owner are located.

 

[adjusterjack]

I co-owned a business and property in Missouri (LLC).

Whose names are on the deed to the building/property?

 

[latigo]

What is the name of your state (only U.S. law)? Washington
I co-owned a business and property in Missouri (LLC). We closed the business and my partner wanted to keep the building for a short time. I drafted a contract in Washington state and sent it to him in Missouri which indicates that he will pay me a sum of money when the building sells, or he can make small monthly payments to me if he decides to keep the building. He has decided to keep the building, but has cut off all communications with me and hasn't made a payment.
It's just enough to make it to smalls claim court, but I'm not sure if I have to file in Missouri, or in Washington? I drafted the contract and was the first to sign it (in Washington) before sending it to him in Missouri.
Can I file small claims in Washington and not have to travel back to Missouri? Thank you for any suggestions!

There is nothing here by any theory that would give a Washington state court jurisdiction. Consequently you must sue the person in the country of his residence.

I don't mean to be too negative here, but I think you have more issues than that of proper venue. You write that you drafted the contract? I suggest that before thinking about filing a lawsuit in Missouri that you have your attorney in Washington have a look at this "contract". It sounds a bit shaky. In fact a lot shaky.

You say that he has the option of either selling the building or not selling it. Well whose building is it?. Does he own it? Do you and he own it or does the LLC own it?

Why the use of the past tense in "I co-owned a business and property in Missouri (LLC)". Did you sell your membership in the LLC or withdraw as a member of the LLC? What is the present status of the LLC? Has it been dissolved and its affairs wound up according to Missouri law?

If you sue this guy on breaking his so-called agreement to make small monthly payments because he has elected "to keep the building", the court is going to ask you some pointed questions. And I don't think you can come up with the right answers.

For example it assumes that the building is his to sell or not to sell. Which prompts the knotty question as to the consideration supporting his promise to pay you whether he sells or doesn't sell. Meaning quid pro quo - what are you giving up in return? Does your "contract" recite what you are to give up in return and if so, what?

Does your "contract" set any time limits to his making an election to sell or not to sell? What activates his choice of options and how is it to be communicated? And is he bound by such an election not to sell?

You write "small monthly payments". Does the agreement specify the amount and schedule of payments?

There is so much uncertainty here that I fear you lawsuit will fail because of it.