[CaptainRich]

How to file a small claims suit in one state while residing in another state, i.e.: filing in Pa while living in Fla.
Any guidance, please? :confused: :(

[JudyKayTee]

How to file a small claims suit in one state while residing in another state, i.e.: filing in Pa while living in Fla.
Any guidance, please? :confused: :(

I'm in NY, filing in Maryland. Court wanted me there in person so I ended up getting a collection agency to collect.

Court wouldn't even take a Power of Attorney for the matter.

[Fr_Chuck]

Same here, I had to personally travel to do the suit, they do not allow an attorney or representitive unless you are a business doing the law suit. Often on out of state suits, if you can not file in your state, and it is large enough, you are better off not using small claims.

[Justice Matters]

While we are admittedly unfamiliar with American law and procedure is there not any basis to allow you to file your claim in Florida?

If yes, is there an agreement for the reciprocal enforcement of judgments between Florida and Pennsylvania?

If yes to both then you may want to consider filing in Florida.

[JudyKayTee]

While we are admittedly unfamiliar with American law and procedure is there not any basis to allow you to file your claim in Florida?

If yes, is there an agreement for the reciprocal enforcement of judgments between Florida and Pennsylvania?

If yes to both then you may want to consider filing in Florida.

In the US, Small Claims Court jurisdiction is in the State where the Defendant resides/has a business. I've never seen it any different. If you COULD change venue you would need the consent of the Defendant - and you can't change venue - and he'd have to be insane in order to consent to changed venue and traveling to Florida to have the case heard.

The reason it's the Defendant's jurisdiction is so that lawsuits aren't filed which are impossible for the Defendant to defend - for example, I sue "Rick" in NY and force him to come here to defend himself. Puts him at a disadvantage.

Although now that you mention it...

Of course, there's always a Superior Court in Florida if somehow that jurisdiction can be argued.

[Justice Matters]

JudyKaytee - just asking but in the Ontario Small Claims Court, where we practice, a plaintiff gets to choose jurisdiction on any one of the following:

1. Where the defendant resides or carries on business.

2. Where the cause of action occurred.

3. Where the balance of convenience for all concerned is.

We wonder if "where the cause of action occured" is a consideration in American small claims court?

[JudyKayTee]

JudyKaytee - just asking but in the Ontario Small Claims Court, where we practice, a plaintiff gets to choose jurisdiction on any one of the following:

1. Where the defendant resides or carries on business.

2. Where the cause of action occured.

3. Where the balance of convenience for all concerned is.

We wonder if "where the cause of action occured" is a consideration in American small claims court?

Not that I know - I've never seen an exception. Mine was a NY loan and the other party moved out of State and my hands were tied.

[this8384]

That's odd; I thought you were able to file where the incident took place.

I have a friend with a car dealership; a lady tried to sue him in her county but they made her change venue as the car was sold in this county, not hers.

Separate note: I know family court is different than small claims but when my mom filed for divorce, she lived 2 counties over and my dad had to travel to where she lived, even though he was the respondent, which in essence would be the "defendant," correct?