Where do you file a lawsuit against an out-of-state defendant regarding breach of contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.