QUESTION

Sueing someone from another state

Asked on Dec 11th, 2013 on Litigation - Florida
More details to this question:
I am a Miami resident. I rented a vacation home in Kissimmee which had problems, the rental agent moved us to another home which also had issues but were addressed, I have asked for a full refund but the rental agent said no deal because we stayed for the contracted number of nights (3). I would like to sue them for the $1800 we paid, they are located in California, have no physical presence in Florida, everything is internet based and email. Can I sue in Florida?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Am I correct in assuming that the rental agent advertised (even if only on the internet) to Florida residents, and that your dispute arose (at least in part) from its activities in Florida (i.e. advertising to Florida residents, communicating and negotiating with you in Florida, even if only by email, perhaps even sending a brochure or receipt to you in Florida, etc.) I believe you can sue them in Florida, although it may not be an open and shut issue.  However, some small claims courts have very limited jurisdiction; you should check with the clerk of your local small claims court to see if you can sue an out of state resident there, or if you have to sue in a court of general jurisdiction.  If so, the filing fees and other expenses in that court are likely to be considerably higher than in small claims court.  Also, while I think you can sue in Florida, you will not be able to collect on any judgment unless the defendant voluntarily pays or has assets in Florida on which you can levy.  Otherwise you will eventually have to domesticate the judgment in California, and if the Florida judgment is a default judgment, it may be a hassle to do so. Bottom line is that the hassle you will likely endure to obtain and collect on an $1,800 judgment is likely to be disproportionate to your gain, and, if the defendant simply ignores the lawsuit, you may decide not to go all the way (i.e. to try to domesticate the judgment and collect on it in California.)  Still, you have little to lose by starting an action in Florida, particularly if you can sue in small claims court.
Answered on Dec 11th, 2013 at 5:00 PM

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