What to do if I was trying to file a small claims case against a person but they are now overseas?

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What to do if I was trying to file a small claims case against a person but they are now overseas?

I am a service member who is trying to file a claim against to DOD employee who while he was living in the States. He now got sent overseas to work in Germany. is there a way we can still get a summons processed for him to dispute a small claims case?

Asked on July 28, 2016 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, unfortunately small claims court has limited geographic jurisdicition, and only has power over defendants located within the court's county. Therefore, if the defendant (the person you wish to sue) is now overseas, you cannot file a suit against him in small claims court. You would have to file in regular county court (or potentially, with claims for over $50k, in federal court), which is more expensive and procedural complex.


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