Serving roommate who is moving out of state

I'm considering suing an ex-roommate in small claims court although he is moving out of sate by the end of the month.

Will I still be able to serve him small claims notice if he leaves? Should I rush to get the papers to him?

[sandyclaus]

Originally Posted by Unregistered I'm considering suing an ex-roommate in small claims court although he is moving out of sate by the end of the month. Will I still be able to serve him small claims notice if he leaves? Should I rush to get the papers to him?

Yes, and yes.

If he leaves, and is out of state, most state process of service laws require MORE advance notice. For example, in CA, if the person lives in another state, you must serve notice at least 20 days prior to the trial date; whereas an in-state party must be given at least 10. Depending on the state, you may also be required to hire an out-of-state process server, and that could be more expensive.

Why wait? You know exactly where they are now. Get them served with papers BEFORE they leave.

To clarify this is in Washington.

I've sent a demand letter stating my intentions to sue and gave him 10 days or pending his refusal. Can I file in small claims now? Or do I have to wait 10 days?

He's already told me he wouldn't pay it.

[sandyclaus]

Originally Posted by Unregistered To clarify this is in Washington. I've sent a demand letter stating my intentions to sue and gave him 10 days or pending his refusal. Can I file in small claims now? Or do I have to wait 10 days? He's already told me he wouldn't pay it.

Go ahead and file NOW. While he's still in-state. Especially if you're sure he intends not to pay his debt. That way, you can have him served with the court papers while he's still local. If he does pay, you can always dismiss the case against him.

Plus, if he leaves the state after he's served, that means he either returns to appear at the court hearing or you get a default judgment (if the judge finds in your favor based on the merits of the case).