How can you sue someone that you work who is in a different state?

UPDATED: Sep 30, 2022

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How can you sue someone that you work who is in a different state?

I work for a staffing company as an recruiter and I receive my pay by commission means. I only get paid when I get one of my candidates a job. When the owner received a check for the candidate that I got an job for 4 months ago, she didn’t pay me. She giving me the runaround about my money. First she stated in text message, that she would pay me but now she stated hat she doesn’t have to pay me. This position is a work from home job and she is located in another state.

Asked on August 17, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Because they are in a different state, you can't use small claims court: you will have to sue in regular country court, which has larger filing fees and is both procedurally more complicated and slower. You'll have to to review the rules of court--if you are suing, you really need to get a copy, because you will likely need to reference it a number of times--for how to sue an out-of-state entity, which may involve hiring a process server in the other state. This could be a complicated, not inexpensive undertaking, even if you act as your own attorney. A good rule of thumb is, if the amount you are seeking is $5,000 or more, hire a lawyer to do this; if less, you may be better off writing the amount off and, in the future, trying to get a retainer or deposit, or at least a corporate credit card on file, to make sure you get paid, whenever possible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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