ExpertLaw.com Forums

Filing a Suit in Small Claims when Party is in Another State

Printable View

  • 03-03-2012, 06:57 PM
    chewy
    Filing a Suit in Small Claims when Party is in Another State
    My question involves court procedures for the state of: Florida

    I want to file a claim in small claims court against my leasing complex in Florida but I now live in Louisiana. My question is do I have to go to Florida to file this claim or is it possible to have a phone trial? And, if not, when I win my case can I request flight cost as well as court costs be paid to me?
  • 03-04-2012, 07:07 AM
    flyingron
    Re: Filing a Suit in Small Claims when Party is in Another State
    It's almost impossible to enforce a foreign judgment, so if you don't sue him in Florida, you'll probably not be able to collect if you win.

    You can ask for the costs, but it's discretionary on the judge's part whether to award them.
  • 03-21-2012, 05:39 PM
    J. Alfred Braun
    Re: Filing a Suit in Small Claims when Party is in Another State
    at least in NY, I can tell you that suits against out of state defendants are not able to be filed
    read your small claims court rules, the simple answer
  • 03-21-2012, 07:26 PM
    davidmcbeth3
    Re: Filing a Suit in Small Claims when Party is in Another State
    Costs include actual court costs, not transportation costs. I don't see a judge awarding traveling costs.
  • 03-30-2012, 03:46 AM
    Conrad Hunter
    Re: Filing a Suit in Small Claims when Party is in Another State
    You are not going to be able to do that, and certainly not in small claims.
    You would need to hire an attorney in Florida and not in small claims
All times are GMT -7. The time now is 08:49 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved