Small claims court question

[IngloriousOz]

Hope I'm posting this in the right area, I have an issue with an out of state guitar shop/lutherie and was hoping there was an attorney or paralegal on TB with understanding of these kinds of things that could answer a couple questions for me perhaps?

Please help!!!

 

[placedesjardins]

Hope I'm posting this in the right area, I have an issue with an out of state guitar shop/lutherie and was hoping there was an attorney or paralegal on TB with understanding of these kinds of things that could answer a couple questions for me perhaps?

Please help!!!

Well, if you want to take someone to small claims court, since it occurred in another state, you'll need to go to the city or county court where the business does it's business and file the paperwork to take them to court. It might be easier to look them up online and give them a call. Maybe you can fill out the form and submit it via mail and go to court on a specified court date. I do not believe that you can take them to court in your local court because the "action" did not occur in your jurisdiction.

 

[edpal]

Hope I'm posting this in the right area, I have an issue with an out of state guitar shop/lutherie and was hoping there was an attorney or paralegal on TB with understanding of these kinds of things that could answer a couple questions for me perhaps?
Please help!!!

Well, if you want to take someone to small claims court, since it occurred in another state, you'll need to go to the city or county court where the business does it's business and file the paperwork to take them to court. It might be easier to look them up online and give them a call. Maybe you can fill out the form and submit it via mail and go to court on a specified court date. I do not believe that you can take them to court in your local court because the "action" did not occur in your jurisdiction.

This is not totally correct in this modern age. If the out-of-state business advertises online and online access comes into your area they might be considered to be doing business within your jurisdiction, particularly if they had you sign a contract in your area even if digitally. Look at example #3 here http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter9-2.html

The worse part of filing in your jurisdiction is you might win through default (they just don't respond) and you have a judgement in hand but you still have no idea of where they bank so you cannot present the judgement for satisfaction. In a case in circuit court you would have a chance to perform "discovery"(asking written questions that must be answered) so you'd know where to present the judgement. But that would hopefully not be needed since they probably wouldn't want to be in contempt of court. Thinking about payments - how did you pay, sometimes your credit card company will go to bat for you to a large extent?

In most areas of USA small claims court handles claims up to $2500, over that is circuit court. Claims where plaintiff and defendant have different states of residence/operation may be eligible for Federal court if the claim value is over $50k.

And yes, many court will allow for online filing of cases but you will have to travel there to appear in court. Sometimes just filing will shake the other party into dealing with you. Good luck.

\BTW - I'm not an attorney, the next guy IS.

 

[dadofsix]

I'm an attorney in my day job. What's up?

 

[Unrepresented]

Take him deep. He's overdue for legal intervention.