Need to file a lawsuit in Michigan. We are located in Maryland. How do we do it?
We are an Asbestos Abatement company in MD and were contracted by P.R.O.S. (a company located in Michigan) to do abatement work on a Steak & Ale restaurant in MD. They owe us $19,500 and it is over 60 days due. Aside from traveling to Michigan to sue them, do we have any other options?
Gonna have to go to Michigan, it sucks but traveling to michigan is worth getting 19k right?
It may depend on what your contract says about venue for suits & place of payment. Ask your corporate attorney first & follow his advice.
HIRE a lawyer there.
Ok, two choices, one of which is to answer your question. Although you have given your state, I am not licensed in those states, so any information is intended as a general guideline and not as legal advice.
1. To answer your question, since you are a company (corporation), you will probably need to have an attorney sign the complaint and appear on your behalf. It is one of the disadvantages of being a corporation. However, since the corporation is a legal entity (you are not the corporation, and neither are its officers and directors).
That point aside, you prepare a complaint for filing, and you mail it to the proper court in Michigan, with the filing fee, etc. It must be signed by the court. You then contact the sheriff’s office in the appropriate county (probably the county of the defendant’s home office), and have the company served. Still, you will need a Michigan attorney to receive process, and you will need to go to Michigan for depositions (since you chose to use the courts, you must appear for depositions.
2. I gave you the bum’s rush because … I think you might want to consider filing suit in Maryland. You were contracted, IN MARYLAND. The work to be performed was IN MARYLAND. As such, the defendant probably has the minimum contacts necessary to invoke the long-arm jurisdiction of the Maryland court. You will need to serve the Michigan corp in Michigan, but the proceedings are in Maryland. THEY would then need to obtain a Maryland attorney and fight the action in YOUR back yard. Much better strategically for you.
EVEN IF the contract provides that Michigan law applies, a Maryland court can apply those laws. The caveat is this: If the contract provides that the action must occur in Michigan (choice of laws and venue section of contract), then you will need to commence the action in Michigan.
Finally, a thought to keep in mind. Filing a legal document takes two things: A summons and complaint. It is filed by the Clerk of Court, who is simply an administrator who takes the money and makes the file. You do not need to go to Michigan to begin the lawsuit, but will need an attorney to appear and represent you at court hearings. This is why many of the activities can be done by mail. The clerk does not care if she gets the documents by mail or over the counter. However, whenever you send anything to the clerk, enclose two (2) extra copies, and ask the clerk, in your cover letter, to return the additional copies, FILE STAMPED, in an envelope (which you provide, postage prepaid).
Good luck.