Guys, I think we need to step back and count to ten. Time to let cooler heads prevail.

In answer to your question...I do sue Defendants on principal. If they can be sued in small claims court (provided there is small claims jurisdiction ) I do so. It is only a $35.00 filing fee, and I get that back if I win. In many collection cases the Defendant is defaulted for failure to file either an appearance or failure to file an answer/defenses. In this case a judgment after default enters, and very often does not require either party to appear in court (depends on the district). The Defendant would have 4 months to reopen, but they rarely due. If they do,  they are required to come into court to defend.

If the small claims court does not have jurisdiction, it becomes necessary to file in the Superior Court .Connecticut's filing fee is $225.00 plus marshal's fee for service of process which are awarded to the Plaintiff if he wins. If the Defendant is located in Connecticut, you have pretty much the same case scenario as stated above for default and judgment. However, there may be some more formal motions for default and judgment to be filed. The forms for these motions are readily available in the local law library.

If the Defendant is not located in Connecticut it becomes necessary to make a choice as to whether to sue the defendant in Connecticut or the Defendant's native state. In my case the choice is usually determined by the amount of the damages sought in the suit. If the damages are $3,000.00 to $4,000.00 or less,  I probably would initiate the suit in Connecticut, and rely on Connecticut's long arm statute to effectuate jurisdiction over the Defendant. The long arm jurisdiction would almost certainly be challenged by a motion to dismiss. This is a dispositive motion, and as a matter of right I can require the Defendant to appear,  and argue the motion. However, it would cost the Defendant far more to hire an attorney, draft the motion and argue the motion than it would cost to pay me.

If the damages sought were greater than $4,000.00 I would sue the Defendant in his native state, and proceed to trial. It would certainly worth my while to travel to the other state for trial. Most of the pleadings could be filed via U.S. mail. There is no need to rely on long arm jurisdiction, and there would be no challenge to the suit on that basis.

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