How can you sue someone that you work who is in a different state?

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How can you sue someone that you work who is in a different state?

I work for a staffing company as an recruiter and I receive my pay by commission means. I only get paid when I get one of my candidates a job. When the owner received a check for the candidate that I got an job for 4 months ago, she didn’t pay me. She giving me the runaround about my money. First she stated in text message, that she would pay me but now she stated hat she doesn’t have to pay me. This position is a work from home job and she is located in another state.

Asked on August 17, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Because they are in a different state, you can't use small claims court: you will have to sue in regular country court, which has larger filing fees and is both procedurally more complicated and slower. You'll have to to review the rules of court--if you are suing, you really need to get a copy, because you will likely need to reference it a number of times--for how to sue an out-of-state entity, which may involve hiring a process server in the other state. This could be a complicated, not inexpensive undertaking, even if you act as your own attorney. A good rule of thumb is, if the amount you are seeking is $5,000 or more, hire a lawyer to do this; if less, you may be better off writing the amount off and, in the future, trying to get a retainer or deposit, or at least a corporate credit card on file, to make sure you get paid, whenever possible.


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