West Valley City, UT asked in Contracts and Collections for Utah

Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

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2 Lawyer Answers
Wesley Winsor
PREMIUM
Wesley Winsor
Answered
  • Saint George, UT
  • Licensed in Utah

A: You don't have to sue her in California, you only have to get her served there. You can sue her in Utah. I would suggest going through the small claims court here. If you know where she lives, then file suit here, hire a process server to serve her the summons and complaint, if she doesn't respond you get a default judgement, then you will either have to collect here if she has assets (banks locally or has some real estate here) or domesticate it in California and collect there. The transaction arose here in Utah, so you can sue them here. Depending on how much money it is, I might say that it isn't worth the trouble.

I hope this helps.

Kenneth Prigmore
Kenneth Prigmore
Answered
  • Spanish Fork, UT
  • Licensed in Utah

A: You can sue them here and if you win, you can take the judgment to California to request that a local court there enforce the judgment. If they do, then you will have a California judgment, which hopefully follows the same laws as Utah, allowing you to garnish their wages in California.

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