How do you file a small claims suit in a different state?

Assuming that you have the right to file in a different state (such as because the defendant or one of them lives there, or the cause of action arose there), the general process is similar as that of other states.

Broadly, you have to state a "short and plain statement" of why you are entitled to relief. This could be, for example, because the person being sued breached a contract. If it was a written contract, you should state what each party was to do and what the defendant failed to do. It should also state how and in what amount you were damaged. A copy of the written contract should be attached.

If the suit is based on a verbal contract, you need to state the same facts as above, but there would be nothing to attach.

If the suit was based upon a tort (a "personal wrong", such as negligence), you would state what the defendant did or failed to do that harmed you under the circumstances, and how you were damaged.

In either instance, the allegations of the complaint have to be in writing and signed by you. The Clerk of the Court where the suit will be filed may have forms available that you should use. The lawsuit must be filed with the Court, and a filing fee will be required. Request from the Clerk a "true copy" of the summons and complaint, showing the case number assigned to it. A summons is a document that directs the sheriff or the process server to deliver the lawsuit to the person being sued. A form for the summons will be available at the Clerk of Court's office.

If the person is out of state, you will need to determine the county in which he/she lives, the location of the sheriff's office or of a process server to serve the lawsuit, and the cost of having it served. Send the copy of the summons and complaint, together with payment of the charge for service to the sheriff or the process server with a cover letter asking that it be served. Enclose a stamped, self-addressed envelope to return to you the proof of service showing that the defendant was served. If the sheriff or process server returns an original and a copy of the return of service to you, file the original with the court and keep a copy for your records.