Can I sue an out of state company in small claims court in my home state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue an out of state company in small claims court in my home state?
10 months ago I purchased a piece of equipment form an out of state company; it was an on-line transaction (paid with a credit card). The equipment came with a 1 year warranty. Within 2 months the equipment failed. I’ve tried working with the company to get it repaired for 6 months but I think they’re stalling. I’ve had no luck getting them to fix it. I have copies of all written communications, notes on verbal dialogue and the warranty documents. Can I sue them to get my money back? Can I add punitive damages? What is the best venue? Do I have to appear in person?
Asked on October 20, 2011 under Business Law, Nevada
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lawsuit can be filed where the plaintiff (you are the plaintiff) resides or where the defendant resides or where the claim arose. You can file in NV where you reside. Your damages (the amount you are seeking to recover in your lawsuit) would be the amount you paid for the equipment and court costs. Court costs would include the court filing fee and process server fee. You can have the company served by a process server located in or near the community where the company is located or if the company has an agent for service of process located in NV, you can have the company served there. If the company has an agent for service of process in NV, that information should be available from the Nevada Secretary of State. You can find process servers listed under attorney services either online or in the Yellow Pages.
Since this is a breach of contract (breach of warranty) case, punitive damages are NOT applicable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.