Required checkpoints when filing small claims against a business or an individual located in a different state. By Karine Megrabyan, CivilTree.com.

It can be quite challenging filing a small claims complaint against an individual or a business entity in another state. However, the process can be simple if the plaintiff has the actual physical address of where the defendant(s) are located. Obtaining a physical address for a corporation or a business is much easier, since these records are open to the public.

There are some very important steps needed when filing small claims against a defendant in another state. Please take a look at my action steps and recommendations.

See My Action Steps Below To Guide You:

Action Steps
The best contacts and resources to help you get it done.

Defendant Information

1. Suing an Individual: Make sure that you know the full legal name of the individual you are trying to sue. Having the legal name will get the case approved with the courts and complications would not arise during the collection of the judgment.
2. Suing a Business: You must insert the corporation name on the complaint. If you are suing a partner, use the partner's name.

Current Physical Address

1. The plaintiff must make sure that the defendant address is correct and that the defendant currently resides at that address. A physical address is needed to attempt the process of service (to serve the defendant).
2. If suing a corporation, the plaintiff must have the legal name of the corporation and a valid address.
3. If the plaintiff does not know the whereabouts or the physical address of the defendant(s), the plaintiff can use third party investigational agencies to obtain more information.
   1. Online People Search.
   2. Reverse Phone Lookup/Search.
   3. Private Investigational Agencies.

Venue & Jurisdiction
For small claims actions against out of state defendant.

Recommendation: 

1. If the plaintiff is filing a lawsuit against an individual or a business entity located in a different state, the plaintiff must make sure that the complaint is filed in the correct court jurisdiction. You do not want to spend money on travel expenses and lodging fees to find out the case is dismissed due to incorrect venue.

   What gives the court jurisdiction?
   Two possibilities:

   • the incident occurred or took place in the court's venue, or
   • the individual or business entity is located in the court's territory.
     

Process of Service

Recommendation: 

1. Once the complaint has been filed. The plaintiff must make sure that the defendant gets properly served. Once the defendant has been served a proof of service must be filed with the courts. CAUTION: If the defendant is not properly served, the case will get dismissed.

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