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I am trying to sue someone in Arizona, I live in NY?
I bought a home in october and then the lady moved to arizona. Arizona small claims is only $2500 max. this is over $4000 in damage.
Does anyone know where I can find the forms for justice court? Can anyone give me any tips for suing out of state?
2 Answers
- Nancy GLv 41 decade agoFavorite Answer
Are you sure you can or should sue her in AZ? Have you discussed this with an attorney in NY? You may need to sue her in NY -- you will have to have the summons and complaint served on her in AZ, but that is not the same thing as suing her in AZ.
The AZ court may not have any jurisdiction in this matter -- you are a resident of NY; the subject real estate transaction occurred in NY; any legal claims arising out of that transaction are matters of NY law, not AZ law; the subject real property is in NY; and, she was a resident of NY at the time of the transaction.
Aside from the issues of jurisdiction why would you want to have to travel to AZ to sue her for $2,500 if you can sue her for more in NY without incurring the travel expense? If you sue her in AZ where she lives, there is a good chance that she will appear to defend herself -- and she may well win because of the jurisdiction issues. If you sue her in NY, she will have to come to NY to defend herself. If she fails to appear you win by default and will get a judgment against her. If that happens, you may need to get what is known as a "sister state judgment" to go after her assets in AZ, but that's different from suing her in AZ.
Good luck on this.
(I've worked in law offices in five different states off and on for over 30 years.)
