if I want to sue someone in small claims court but they have moved out of state, where do I file suit?
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if I want to sue someone in small claims court but they have moved out of state, where do I file suit?
I want to sue a former associate of mine regarding an incident which took place but he has since moved to another state. Can I file in here or do I have to go all the way to where he now lives? The county court clerk does not know the answer.
Asked on January 4, 2017 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A state court, whether small claims or otherwise, has no power over a defendant living in another state unless that defendant has certain ties to your state, like owning property there or doing business on at least a semi-regular basis there. If you former associate has no continuing or current ties to your state, you will need to sue him in his own state.
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