QUESTION

How to Suing someone in another state?

Asked on Apr 24th, 2014 on Breach of Contract - New York
More details to this question:
I subrented a room in utica,ny the renter was on the lease and told me he was allowed to subrent the room and that the landlord was ok with it as well. He wrote up a lease and we both signed it and notarized the lease which i still have. I paid first month 330 and security deposit 300. Which i have receipt of. Next month came along and paid rent with a money gram for 330. I gave the money order to the renter who i signed the lease with. i also signed the money gram with my first and last name and so did he. i kept the receipt part of the money gram and he kept the actual money gram. After.paying the renter rent i went away to a friends house for a night. that friday night the renter and his partner packed up all their stuff and moved out. i came back Saturday night and when i got into the apartment i saw that all of their stuff was gone, i waited until the next morning to call the police to see if they would come back but they didnt , so i call the police they told me it was a civil issue and nothing he could do. I finally got in contact with the landlord to see if they paid rent before leaving. they didn't. And he moved to FL and i would like to sue them for my security deposit and rent that wasn't paid but they live in FL now. I would like to know how to go about suing him in another state
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You don't have to sue him in Florida, you only have to have him served in Florida, which you can hire a process server to do.  This dispute arose in New York and involves a contract which was negotiated and executed in New York between two New York residents (at the time) and was to be performed in New York.  There is no question that New York can exercise jurisdiction over this matter, and no question that it will be cheaper and easier for you to sue him in New York (if you sue him in  Florida, you're going to have to fly to Florida at least once to testify.)  However, you may have to sue in Supreme Court rather than small claims, because I'm not sure that small claims court has jurisdiction over out of state residents.  You can ask the clerk of your local small claims court about that. 
Answered on Apr 25th, 2014 at 12:50 PM

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