Suing someone out of state via small claims?

BD2003

Lifer
Oct 9, 1999
16,815
1
81
So, my old landlord is a prick. He has a history of withholding deposits going back many years - of course I find this out a bit too late. All of the other tenants in the house just used their deposit to pay last months rent, not giving him a chance to screw them. I had to move out a month early for various reasons, and I didnt get a chance to do the same.

Essentially, I know its an open and close case. He's conjuring up all these damages that he cant even begin to prove I did, in an attempt to justify withholding all of my money. He never sent me a valid lease, he's admitted to me he didnt follow the law when holding my deposit, and I have it all documented yada yada...

The only complication is that he's an absentee landlord. The house he rents is in NY, but he is in seattle. Does the fact that his house is in NY make him a resident of the state? If I file small claims here, I assume he will be summoned to come to NY? I tried to look it all up online, but its not entirely clear to me from what I've read....anyone know for sure?
 

BoomerD

No Lifer
Feb 26, 2006
66,367
14,776
146
The small claims court laws will be different in each state. They can't compel your landlord to appear, but he COULD automatically lose if he doesn't show. Most likely, it will take a couple of appearances MINIMUM, just to give him the chance to appear. IF you win, how will you force him to pay? I think at best, you MIGHT be able to put a lien against the property till he pays, but otherwise, what NY court says will not mean squat in Seattle...Gonna be tough to collect regardless...HOWEVER, I'm sure the state of NY has a website where you can go for more accurate information than asking the brain trust here...