Can a person go to a small claims court and file a legal complaint?
MOST IMPORTANT: even though its not in the same state the person lives in? How does not go about filing a legal complaint against a person that does not live in the same state?
Answer:
You have to determine which court has jurisdiction over the defendant - and that is the court in which you should file. Typically the correct court is the one in the area in which the defendant lives - but you should check the rules of your court(s) or with a local attorney to be certain.
With all respect to the above answerer, the minimum contacts test does not apply in most small claims cases, because the small claims courts often do not have jurisdiction over non residents, regardless of the contact level.
Also, most small claims courts handle service of process by mail, and do so within the court system, rather than requiring litigants to arrange for service.
you have a problem of jurisdiction, you must file a complaint with a court that has jurisdiction over the defendant,
It is called the minimum contact test: so did the event occur within your state or their state, does the person come often into your state to conduct business, in the end it may be simpler just to file in the defendants state
then the issue of serving, look to see if your state has what is called a long arm statute and what you need to do serve a person out side the state
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