How does a creditor go about suing an out of state debtor?

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How does a creditor go about suing an out of state debtor?

I sold a machine to a company in TN. I received $23,000 with the balance of $5000 due in 90 days. He refuses to pay the balance owed. I live in MN. I received no complaints about the machine until about 9 days before the balance was due. No specific reason was given. What can I do as a sole proprietor?

Asked on August 1, 2011 Minnesota

Answers:

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

Answered 9 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You could file your lawsuit in either MN or TN.  For your convenience in filing documents with the court and for court appearances, you should file in MN.  You can have the lawsuit served on the defendant in TN by a TN process server.  To hold down the cost of the process server, use a process server in the same city in TN where the defendant is located or if that is not possible, use a process server in a nearby city.  You can find process servers in the Yellow Pages or on-line under attorney services.

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

Answered 9 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You could file your lawsuit in either MN or TN.  For your convenience in filing documents with the court and for court appearances, you should file in MN.  You can have the lawsuit served on the defendant in TN by a TN process server.  To hold down the cost of the process server, use a process server in the same city in TN where the defendant is located or if that is not possible, use a process server in a nearby city.  You can find process servers in the Yellow Pages or on-line under attorney services.


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