Can I sue an out of state company in small claims court in my home state?

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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 10 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.


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