If something I want to sue over took place in one state, can I sue the person in another where we both now live?

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If something I want to sue over took place in one state, can I sue the person in another where we both now live?

My roommate and I shared the internet/cable bill in PA and I have proof – bank, statements, checks, bills etc. She refuses to pay for 3 months because she felt she should not have to pay because she did not watch TV and I want to take her to court, but we no longer have the apartment together that we were living in and she nor I live any longer in PA. We both live in NY. Can I sue her in NY? It was also a verbal agreement and she gave me a check but then she stopped payment on it because she says that I took her belongings with no proof.

Asked on August 4, 2010 under Bankruptcy Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In small claims court you have to sue the person in the County where she lives. So in your case the proper place would be whatever county she lives in.  However the Judge in small claims court may have to apply the law of Pennsylvania with regards to the issue of oral contracts and payments since the underlying dispute arose in pennsylvania. If she agreed to pay for the cable she is responsible regardless if she used it or not. You have to make sure that you have all your payments that you made as well as the check she stopped so that you can recoup the bank fee you incurred. She could file a counterclaim saying you took stuff but she would have to prove that you actually took it.


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