Not always , David. If your client is located within the same state as you and physically present within your state, you can sue him in your state court system. If he is not physically present within your state, but transacts business in your state and has appointed a statutory agent to receive process, you probably can sue him within your state court system, but depending upon the law of your state he may have the right to challenge the jurisdiction of the court. If he is not physically present in your state and has not appointed a statutory agent to receive process, you will have to rely on your state's long arm statute to sue him in your state court system. The facts of the case may be such that your state's long arm statute does not apply, and then you have to sue him in his native state. Even if you succeed on the jurisdictional question there is the additional problem of venue. Venue is a matter of a convenient forum in which to litigate. If most of the witnesses and evidence is located within his native state that may be the convenient forum even though juridiction is proper under your state's long arm statute, and you would have to litigate in his native state. If there were a list of familiar attorneys to refer to in the various states, this may help the SOT members.
In terms of trying to collect your money, you would have to make a decision as to whether the expense of litigating in the foreign state will justify chasing after the money that is owed to you. A number of the dead beat clients seem to be relying on this, and gambling that you will not go to that expense. The problem seems to be much more severe among the signing agents ...real horror stories, they seem mitigate their losses by spreading their work accross a multitude of signing serices. Nevertheless it appears to be a problem that is on the rise for abstractors as well A growing number of people on this board seem to making inquiries about clients that have ordered work, but not paid them.
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