Where do you file a lawsuit against an out-of-state defendant regarding breach of contract?

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Where do you file a lawsuit against an out-of-state defendant regarding breach of contract?

We contracted with a hotel in OH to provide a group block and rate for an event we were planning. We were to be compensated 10% for every room night utilized by our group. We have a contract from our office which the hotel signed and faxed back. The hotel also sent a copy of their contract to us which we signed – all via fax. Both contracts clearly state that the rate is commssionable at 10% and they would pay us for having our attendees stay with them during the event. They owe us $725 (with-out late fees). We are not sure if we can file in WI or if we need to file in OH.

Asked on July 21, 2011 Wisconsin

Answers:

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

Answered 10 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You can file in either WI or OH.  For your convenience in filing documents with the court and court appearances, you should file in WI.

You can have the defendant served with the summons and complaint (complaint is the lawsuit attached to the summons)  by a process server in OH.  Try to find a process server in the same city as the hotel or as near that city as possible to hold down the cost of the process server.  Process servers are listed under attorney services in the Yellow Pages or online.


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