How does a person living in one state take civil action against a company in another state for failing to provide a product which has been paid for?

UPDATED: Mar 29, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 29, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How does a person living in one state take civil action against a company in another state for failing to provide a product which has been paid for?

Cost of the product was $1,500.

Asked on March 29, 2012 under General Practice, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are the plaintiff.  The company is the defendant.  A lawsuit can be filed in the state where the plaintiff lives or in the state where the defendant lives (company is located) or in the state where the claim arose.

For convenience purposes such as filing documents with the court and a court appearance, it would be advisable to file the lawsuit in your state.  You can file in Small Claims Court.  Your damages (the amount you are seeking to recover in your lawsuit) would be the $1500 plus court costs.  Court costs would include the court filing fee and process server fee.

If the company is doing business in your state, it should have an agent for service of process (an agent who can accept service of process upon whom your lawsuit can be served).  You may be able to obtain this information through the Secretary of State's office in your state.

If you are unable to obtain the information for service of process, you can have the company served at its corporate headquarters (location in the other state).  Use a process server in or near the city where the company is located to serve your summons and complaint (the complaint is the lawsuit attached to the summons).  You can find process servers listed under attorney services in the Yellow Pages or online.  After the company has been served, file a copy of the proof of service with the court.

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 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