QUESTION

Which jurisdiction to sue former roommate?

Asked on Aug 19th, 2013 on Contracts - District of Columbia
More details to this question:
I live in Washington, DC. My former roommate moved out overnight without my knowledge, leaving behind furniture and a huge mess, and is now refusing to pay final rent or for the damages assessed to the rental unit by our landlord (approx. $1,000 total). She has moved to Virginia (Alexandria), but is a federal employee in Washington, D.C. Should I file my claim in Washington's small claims court or Viriginia's small claims court?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can probably sue in either court, as your former roommate would normally be subject to the jurisdiction of either.  If you were talking about a court of general jurisdiction, I would definitely say D.C., since that is more convenient for you.  However, small claims courts sometimes have very limited jurisdiction, and you can't always sue non-residents of the jurisdiction there.  If you want to file a small claims action (and I agree that you should rather than file a case in the higher court), you should contact the clerk of the small claims court and ask if you can sue a Va. resident there.  If so, do so; if not, file in Va.
Answered on Aug 19th, 2013 at 4:14 PM

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