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 11 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.


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 AttorneyPages.com 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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