Actually, you can file the claim where the act/incident arose, aswell. Either way, you're going to have a bit of trouble. Before you make any rash decision, make sure you weigh out your pro's and con's. Ontario, has a $10,000 maximum, and in the states, New York for example, has $5,000. If you file here, you're gonna do all your paper work here and more importantly, you'll go to court here. It may be a bit harder to serve them, as you'll have to hire someone from the States. But the hardest part, wil be collecting on your judgement. I don't really know the laws surrounding cross-border collections, but it sounds difficult. It's already hard enough to collect the money when you win here!!!! On the other hand, if you file there it may be easier to collect on your judgement. You could get someone to represent you and won't have to attend all of your dates, but it just sounds like a big hassle. Always keep in mind that no win is guaranteed, and there's the possibility that you're gonna lose all your time and effort, aswell as $$$$. You might even win, and not be able to collect your money!!!! Is it really worth it? If it's not a large sum of money, sometimes it's best to cut your losses. In the end, all legal procedures, especially litigation, only benefits the lawyers and the bureaucrats.
In Ontario you have to file the claim in the area which the defendent resides. However, I'm not too sure about the state laws but you may want to look up the state laws in the area which this person lives. Hope that helps!
I want to file a small claims court in the united states the defendant lives in the united sates but i have looked over endless pages and in none of them does it say if i can or cannot file if i live in canada. so my question is can the claimant reside in an outside country and the defendant in the united states
I wouldn't think so because they are 2 different laws and it is a small claim and nothing criminal, but I'm not 100% sure I just wanted to be the first to reply