Can I file a lawsuit if...

[nelly]

I'm American but I recently moved abroad just for a year. I need to file a lawsuit in small claims court in Pennsylvania. I was wondering whether I could actually do that since I'm abroad. Would I automatically lose the case?

 

[odoreater]

Now where did I put that ten foot pole that I had lying around?

 

[Stax]

if it is small claims, it is likely more trouble than its worth.

 

[Stazy]

I believe you generally have two years from date of discovery to file a suit.

 

[DNW]

You can't automatically lose a case because you're abroad. You will, however, if you don't show up.

 

[SoCal2NYC]

Yah did you somehow loose your U.S. Citizenship?

What is the problem?

 

[Britalian]

Can't you sue anyone for anything in the USA? Cats in washing machines et al, ad infinitum...

 

[nelly]

No, I am still a citizen (I don't think I can lose that). But I am abroad working. I need to file a small claims lawsuit to try to recover a security deposit with an old landlord. Of course, the defendant has the right to face his accuser, so would lose on those grounds. Luckily, the landlord is temporarily in another state. So my thinking is that I file the suit in Pennsylvania, where I was living, and then pressure the landlord through the summons to return the deposit since the airfare for either one of us is greater than the amount in dispute.

 

[lawyerdad]

Originally Posted by nelly

No, I am still a citizen (I don't think I can lose that). But I am abroad working. I need to file a small claims lawsuit to try to recover a security deposit with an old landlord. Of course, the defendant has the right to face his accuser, so would lose on those grounds. Luckily, the landlord is temporarily in another state. So my thinking is that I file the suit in Pennsylvania, where I was living, and then pressure the landlord through the summons to return the deposit since the airfare for either one of us is greater than the amount in dispute.

I can't see this working, for a variety of reasons. First, how are you going to file from abroad? Second, the summons has no effect unless you actually serve it on the landlord. (That's assuming a small-claims summons can even be served outside the state.) Thus, it creates no "pressure" whatsoever unless you go to the trouble and expense of having the landlord served.

By the way, it's not so much that the landlord has the right to face his accuser, but that (at least in most jurisdictions) you have to represent yourself in small claims and cannot have a lawyer or other representative show up for you. If you don't show up, you likely default. Since you have the burden of proof, the landlord doesn't have to do squat until you hit the ball over the net.

 

[dirk diggler]

Originally Posted by lawyerdad

I can't see this working, for a variety of reasons. First, how are you going to file from abroad? Second, the summons has no effect unless you actually serve it on the landlord. (That's assuming a small-claims summons can even be served outside the state.) Thus, it creates no "pressure" whatsoever unless you go to the trouble and expense of having the landlord served.

By the way, it's not so much that the landlord has the right to face his accuser, but that (at least in most jurisdictions) you have to represent yourself in small claims and cannot have a lawyer or other representative show up for you. If you don't show up, you likely default. Since you have the burden of proof, the landlord doesn't have to do squat until you hit the ball over the net.


+10

 

[SoCal2NYC]

Speaking of security deposits. After 13 weeks of moving out of my old place (and 5 weeks trying to get someone on the phone and not just a voicemail) I was finally told I should get mine back by Friday!

Thom Browne here I come!