Legal Question in Civil Litigation in Florida
Sue someone in another state
I need to sue someone in Florida for a large, unpaid debt ($10,000). Am I required to hire a Florida attorney, or do I need an attorney from the state where I was living (NJ)when I wrote the check?
2 Answers from Attorneys
Re: Sue someone in another state
The answer depends are certain factors you have not mentioned. Florida would certainly be a correct state to bring your action.
Re: Sue someone in another state
This is a complicated question and more facts are required to determine the recommended action in your case. You may sue a Florida resident in Florida to collect a debt. In such case, considering the amount in controversy, you will need a Florida attorney. I presume that there is some written document signed by the debtor acknowledging the debt. Where was this document signed? Does this document state where payments are to be made? Does this document invoke choice of law or choice of venue? Answers to these questions may impact where (TX, NJ, FL, ??) an action may or must be brought to enforce the debt. You will need an attorney barred in the state where suit is commenced.
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