General Question

marinelife's avatar

Is it possible to file a claim and pursue a case through small claims court from out of state?

Asked by marinelife (62485points) November 25th, 2009
6 responses
“Great Question” (0points)

Obviously, without flying back to the state to do it since the amount of money is not significant enough to warrant that.

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Answers

casheroo's avatar

I suppose if you got a lawyer to file for you. When I filed my small claims, I did it all in person (same county I live in) and I needed to sign quite a few papers, and then show up for the court date.

Supacase's avatar

Yes, but I believe you need to be present. I am not sure if they allow attorneys in small-claims court.

Ok, I did a very quick search and Oregon, as an example, requires special permission for a lawyer in small claims. It probably varies by state. I would think your situation would qualify. Is the money worth the cost of an attorney?

marinelife's avatar

@Supacase Probably not since an attorney would probably be more than the airfare.

Judi's avatar

usually they don’t allow attorneys in small claims.

galileogirl's avatar

The case has to be pursued in the jurisdiction in which the event happened, so yes you would have to go back.

YARNLADY's avatar

You can ask the small claims court if you have to be personally present, and perhaps ask them if you can have a representative in your place.

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