I have never used in small claims so is it necessary for me to cite the statute in my complaint?

Business 3 views 2 answers
When filing a small claim, is it necessary to cite the statute that pertains to why the particular court I'm filing in has jurisdiction, or should I simply just state my reason for suing the defendant and explain in court? I'm suing someone who lives out of state and there is a statute that will allow my state jurisdiction over this out of state defendant under certain circumstances. Yes, there is a statute. Again, is it necessary to cite this in the complaint so that it is not rejected when the clerk sees that the defendant is out of state? DISCLAIMER: I care nothing about where you attended law school, whether you were first or last in your graduating class, how long you've been practicing or whether you attend Mass. Furthermore, if you do not practice in my state and therefore are LIKELY unfamiliar with the laws of my state, simply bypass my question rather than offer a scant response just to achieve points, visibility, or approval from others. If I have not provided sufficient information to generate a full or detailed response, simply state that my question requires more information, OR simply bypass the question altogether.

Attorney Answers

2
Rixon Rafter ·
A state's power to extend its authority over out-of-state subjects (personal jurisdiction) is a complicated legal rubric not likely addressed by a single statue.
0 upvotes
Joseph Elder ·
Probably cites the statue on the small claims form complaint. Like the previous lawyer said jurisdiction over an out of state defendant is a complicated legal matter. If if is a small claims matter no lawyer would probably be interested in it.
0 upvotes

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