Do you have to be in the same state to sue someone?

The basic rule is that state courts–including small claims courts–only have the power to hear cases involving individuals who live in or are present in the state. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live.

Where is a lawsuit filed?

Venue: Jurisdiction says in what State and what Court you file your lawsuit. Venue is the County where you file your action. Usually, this is the County where the defendant lives or where the injury happened.

How do I sue someone without an address?

If you don’t have the Defendant’s address, but know where they are you can still sue and serve them. What you ideally can do is hire a process server and give them as much informatoin on the Defendant as possible. If they can find the defendant and serve them with your filed lawsuit then service is satisifed.

What is the least you can sue in civil court?

For the most part, there is no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a few states allow for more than that. Still, the limit on those states only goes up as high as $15,000.

Do you need an attorney to file a lawsuit?

Anyone in the United States has the right to represent themselves in court and file a lawsuit without an attorney. In fact, when it comes to small claims court people are even encouraged to represent themselves, because small claims court was designed to be accessible to both lawyers and non-lawyers.

Can I take someone to court without their address?

A court may attempt service of process via 1st class post to the last known address of the person being served. It is not a foolproof method and in many cases, we are contacted as a matter of urgency to serve papers that haven’t been acknowledged or the person is not responding at the last known address.

What happens if I can’t serve someone?

A Simple Answer to “What Happens if a Process Server Can’t Serve You?” The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.

How to file a civil lawsuit in federal court?

The Process. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.

Can a lawsuit be filed in more than one court?

More than one judicial district can be the correct venue for a lawsuit. Lawyers call the process of deciding which court is best for a plaintiff’s case “forum shopping.”.

How to choose a location for a civil lawsuit?

Choosing an appropriate location for your lawsuit requires legal analyses and knowledge of the relevant rules for the courts in your area. This step should be taken with an attorney. You and your attorney must find a court that fits multiple criteria before filing your case.

How can I choose the best court to file my lawsuit?

Lawyers call the process of deciding which court is best for a plaintiff’s case “forum shopping.” As long as you abide by the above rules, you can choose the court most convenient to you. But if you don’t want the defendant to object to your choice, you may want to file the lawsuit in the court closest to where defendant lives or does business.