Legal Question in Technology Law in Minnesota

Suing someone out of state

I am a web designer. I created a website for a client. I have 50 pages worth of emails going back and forth to each other in regards to him hiring me for his site, my work, his requests ect. I sent him a contract. He told me he would send 1/2 of the payment due immediately. The work is completed, I have yet to be paid from him. He ignores my emails and makes excuses. I want to file a small claim against him however I reside in Minnesota, he lives in New Jersey. I need to know which state I file the claim in and if I can even sue someone out of state for small claim.


Asked on 5/27/03, 8:54 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Suing someone out of state

Ah, the dangers of web design! You completed work and now he doesn't want to pay for it, he never signed a contact and you...essentially, did all that work on spec. If you don't want to chalk it up to experience [there's a reason I don't do contingency work anymore!!], you could definitely sue him in his own location. You may have an argument that the contract was equally formed in your state, but chances are you won't have enough in controversy to stay in federal court. You'll have to sue in state court, I suspect. If he wants to remove it to federal, perhaps he can, but ask yourself if it's worth it. Take the site down and let him know that your work isn't free: if he wants it (assuming he hasn't already snagged it from the server), he has to pay in full as agreed. The cost of a lawyer in his state to get it done properly is probably more than the contact was worth to you, but that would be my rec.

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Answered on 5/27/03, 10:55 pm


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