QUESTION
Do I have to appear in person in court when filing a small claim in a different state than I live?
Asked on Aug 13th, 2014 on Breach of Contract - Ohio
More details to this question:
I designed a crochet pattern for a magazine that has already published it but I was never paid for it. I have made numerous attempts to contact the individual in charge of issuing payments but have had no response. I have a signed contract. I live in Ohio but this magazine is in New Jersey, and there is no way I can get there to appear in person in court. I found the forms online and got the information I need to begin, but can it all be done online? I don't want to proceed with sumbitting the forms and paying the filing fee if I have to appear in person.
1 ANSWER
It may be possible to appear through an attorney. Some small claims courts may even allow you to appear by a non-attorney representative. However, if you don't appear to testify, how are you going to prove your case? Even if you have admissible documentary proof of your claim, you would have to testify to authenticate the documents.
Why don't you simply sue the magazine in Ohio? If you contracted to perform services for the magazine in Ohio, and/or if the magazing has other contacts with Ohio, such as advertising in Ohio, having subscribers in Ohio, having advertisers from Ohio, etc., it may well have sufficient contacts for Ohio courts to assume jurisdiction over it (although you may have to file suit in a court of general jurisdiction rather than small claims court.)
Answered on Aug 13th, 2014 at 11:41 AM