If I live one state and sue a company in another, where do I sue them?

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If I live one state and sue a company in another, where do I sue them?

I purchased a metal roof for my house from a company 2 1/2 years ago. The roof has begun to fade really bad. I filed a warranty claim with the company that painted the metal but they won’t honor the claim because they only intend their metal to be used for gutters not roofing. The company that purchased the metal and installed it will not honor their warranty. I want some info on where to sue them.

Asked on August 1, 2012 under General Practice, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are the plaintiff.  The party you are suing is the defendant.  A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.

For convenience purposes such as filing documents with the court and court appearances, it would be advisable to file the lawsuit in your state.  You can have the summons and complaint (complaint is the lawsuit attached to the summons) served on the defendant by a process server located in or near the city where the defendant is located.  You can find process servers listed under attorney services in the Yellow Pages or online.  If the company is doing business in your state, it may have an agent for service of process in your state whom you could serve with your lawsuit.  You can find the agent for service of process through your state's Secretary of State's office.


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