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Jurisdiction

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sirsanta

Junior Member
What is the name of your state (only U.S. law)? PA
Can an individual sue someone or sue in small claims court, who lives in a different state, in the state where the plaintiff lives?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? PA
Can an individual sue someone or sue in small claims court, who lives in a different state, in the state where the plaintiff lives?

As a general rule, you'd need to file where the defendant lives.

Why is this under criminal law?
 
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Ohiogal

Queen Bee
As a general rule, you'd need to file where the defendant lives.

Why is this under criminal law?

That is not true. The proper place to file is where the incident for which you are suing happened unless there is a contract stating otherwise.
 

FlyingRon

Senior Member
That is not true. The proper place to file is where the incident for which you are suing happened unless there is a contract stating otherwise.

Neither your answer nor the preceding one was entirely true or entirely false.

In Pennsylvania, the venue (rather than jurisdiction) for an complaint against an individual can be brought:

1. Where the defendant can legally be served (e.g., where they reside, or perhaps any other place they can be physically found).
2. Where the cause of action arose,
3. Where the transaction or occurrence from which the cause of action arose,

There are practical reasons for suing the individual where he resides. If the venue you get your judgement is sufficiently distant (like another state), you have to go through additional judicial steps to collect on it that you wouldn't if it was local.
 
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