How does a creditor go about suing an out of state debtor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
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.