Out of state Small Claims process?

Question

Can you take someone to Small Claims Court if you are now not living in the same state as that person you are going to take court? Does anyone know the process? It's in NYC, and my daughter is not living there any longer. Thanks.

Answer 1

In general for small claims court, you will have to file in the state/county where the incident happened, so in your case it would be NY where you would have to file. She can not file where she lives currently based upon a cause of action that happen in NY, now there are exceptions to every rule  

Answer 2

Yes, you can most certainly take someone to court who is frm another state. In fact , that person will have to come to you to appear in court. each state has different laws and procedures, but if by some chance you had to go to new york (or wherever the defendant is living) you can sue for travel expenses, laywers fees, time spent etc. if you have a strong case and they cannot dispute your testimony in anyway, you would be sure to win all money's asked for. my advice is, unless you were caused actaual pain and suffering, don't ask for that in court, but again, you can call the court house and get free legal advise and be advised what you should and shouldn't ask for.

  Hope this helps and good luck

Answer 3

It does not matter where either party lives, your daughter or the other person involved.    The case is heard where ever the incident occurred.