Where to file a small claims suit against an out-of-state defendant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Where to file a small claims suit against an out-of-state defendant?

My boyfriend and I moved from AL to TN and signed a years lease on a house. After less than 2 months, he’s moved out and back to AL. I realize I have to sue him and although TN small claims allows a large cap, what I’ve seen so far states that it has to be filed in the county in which the defendant resides  (which is now in another state ). Can I sue in small claims here in TN where the contract was made? Do I need a lawyer and go to a higher court or do I have to follow him to AL and file there?

Asked on September 22, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. If the factual basis for your claim against your boyfriend (or most likely former boyfriend) arose out of a lease signed for a rental in Tennessee and you claim that he breached his agreement with you over it, you can file an action against him in Tennessee (county where the agreement was entered into) if that is to your benefit.

Or, since he now resides in Alabama now, you can then file your action against him in the county where he currently resides in the State of Alabama.

I suggest that you go to the small claims court advisor in the county of Tennessee where you reside and inquire as to what is the maximum amount you can sue in the small claims court. If the maximum amount exceeds your claimed damages against the person you want to sue, file your action in that county in Tennessee.

Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption