I just saw in my county's instructions that the other party I'm suing needs to live within my county, be a student, be an employee, have a business in the county, or be a landlord, in order for me to file a small claims court in my county. However this person no longer lives in my county and lives a few hours away now. Do I have to go all the way to his county to file a small claims issue?
I would think so....you can ask the clerk about the practice of the courts where the incident occurred while both parties were living in your county and then one moved.
I agree with the prior answer - the defendant needs to be located in the county where you file the action. If they no longer live in your county, then almost certainly the answer is yes, you need to file suit in the county where they live. It would be a good idea to consider hiring an attorney in the county where the defendant lives as they can handle the matter much more effectively if it is a great distance, and they will be familiar with the local judges and rules for that county.
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If the contract or event that led to your case happened in county you live in, you can usually still file in that county if you do it in county court (not small claims) and have the defendant served in Colorado. But, yes, as the other comments have stated, you should talk to an attorney because it is facts dependent. (Also note that even if you bring the case in your county, the defendant could opt to move it to their county and you would be left in the same situation).
Yes, the best way to proceed is to pursue the matter in the small claims court of the county in which the defendant currently resides. This likely will only involve a single trip for you to the court.
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