If I bring an out-of-state resident to small claims court in my own state, will I be able to enforce judgement

Question

Can I get judgment enforced without bringing the case to the debtor's home state?

Answer 1

Probably not. A lawsuit must be filed where the defendant lives or transacts business.

Answer 2

A law suit can be brought where all the plaintiffs reside or where all the defendants reside. Now, there has to be a connection to the state where you live by the defendant. If the business was done in your state, then you should be able to get the judgment enforced under the full faith and credit clause of the Constitution. That being said, it depends on the connection the D has with your state. Did he come to you and transact business? Or was it an incidental contact? Also, you will have to get someone to get the judgment in your state entered into his state. Is it worth your time and money to fight to get it back? Good luck in any event.

Answer 3

You can't sue most parties in your own state (in a small claims setting) if they live elsewhere.

The whole point of sueing them where they live is that the court in their jurisdiction will have privilege to help you enforce a judgment, whereas the court in your own backyard will have a far limited capability. For example, the sheriffs in the defendant's jurisdiction can issue a bank levy - your local sheriffs can't, without a lot more paperwork.

So the first thing to do is figure out if getting a judgment (and potentially never seeing any payment, as it happens often) is worth your time and effort. (Don't forget time off from work, as most courts are only open at the same time most people would be working)

Good luck.

Answer 4

Whether in or out of state getting a judgment is one thing, collecting is a whole different matter. Many small claims judgments are never collected in full or in some cases are any collections made at all. Failing to collect on a judgment only means that you can that that person back to court in an attempt to collect.
Good luck