Suing People For a Loss They Caused if They are From Another State
According to the United States Constitution, anyone has the right to sue a person or entity which has caused them damages or a loss. This is called a civil lawsuit.
When choosing to sue someone who is located out of state, there are a few things you must consider.
First, if the person you have an issue with resides outside the state, you must file your lawsuit in their state. You may file it within your state only if the person is physically in your state at the time you serve them with notice.
If the issue is a vehicle accident and the person you have an issue with is an out-of-state resident, then you can file a lawsuit within your state.
If your landlord or property owner lives outside the state, but the property where the issue occurred is in your state, then you can file your lawsuit within the state where you live.
The general rule for businesses is that if the business is incorporated or established as an LLC, then you can file a lawsuit against them in your state.
For businesses that are not incorporated then you must follow a few rules:
- If you incurred injury or loss from a business in your state and you can serve them lawsuit papers within your state, you have the right to sue locally.
- The business is in breach of a contract with you that was signed in your state, and you can serve them lawsuit papers within your state, you have the right to sue locally.
- The business has a local office, warehouse or facility within your state and you can serve them with papers, then you have the right to sue locally.
- The business sells products or services within your state and has a regular salesperson or representative visit that you can serve with papers, then you have the right to sue them locally.
Suing anyone can be complicated, and it is always best to seek legal counsel for advice before proceeding.