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?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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