small claims

[teacuppoos4u]

If i do business home business in one state arkansas and had a lady purchase something and now is not happy and she did not abide by website rules and now is threatening and harassing me and said she is going to file small claims court againest me in florida where do i stand what position does that put me in i am not going to florida and i have serious heart condition and other medical conditions that are serious so if i dont go to court what will happen to me
Well supposedly she consulted a law firm and they said since she paid from Florida she can make me go to court in there. But i was told since my business if you call it that then she has to sue me in the state my business in in. That i do business in all states. My website states any legal concerns must be taken up in benton county arkansas and she didnt even sign the contract and send it back and it states if not then there is no guarentee . But yet she has filed supposedly in florida in small claims court ... What if I refuse the papers when sent? Can I refuse the papers? Should I refuse them? They will come by mail for me to sign for? She is also going to forums using fake names and posting bad things about me the one site told me isp and where it came from.

 

[Michael Wechsler]

I haven't seen the terms of use of your web site nor have I seen the rules of the small claims court in Florida. But chances are that the small claims court rules will require her to file in the county where the defendant resides, which cannot be completed in this instance no matter how much she huffs and puffs. If she is going to forums to post bad things with fake names, you may want to inform her that when she files, you'll be countersuing for defamation and not only will she not get a penny, but she'll be paying you! Perhaps that might work. At this point you might as well wait and see what she does. If the papers come, you'll have to deal with them when the arrive anyways and can take it from there.

 

[teacuppoos4u]

I was told this by another expert so my website and the rules and contracts are worthless that they dont mean nothing


You cannot force someone to waive their legal right to sue you in another jurisdiction - if the circumstances are such that you can be sued in another jurisdiction, the buyer does not have to waive that right.

This is the same as posting a notice in your car that if anyone is injured they promise not to sue you. You could even get it in writing. They cannot legally waive their rights.

If you are doing business all over the country this is a chance you are taking.

And, again, I don't know the problems with this sale or the dollar amount.

And, yes, you would file an appearance and your answer would be to quote your website and the law - and the Judge will either dismiss the case or not.

 

[teacuppoos4u]

This is another one who left this advisement


Small Claims Court jurisdiction is based on the address of the Defendant - in your case, Arkansas. Are you certain that she's talking about Small Claims Court and not a superior Court? People cannot waive their rights and if they have a right to sue you in THEIR State, arguing that you do business there, no waiver that you post changes that.

If you receive papers and don't respond there is always the possibility that she will file in the wrong Court and get a Judgment against you. I don't know how this happens but if the Court just sort of "rubber stamps" these things no one may notice.

NEVER refuse service - if you don't accept them by mail, then you will be pesonally served.

Can you prove that this person is posting "bad things" about you? The info would have to be both untrue and harmful to you.

Here's the law: "Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories.

You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person's reputation. In general the person making the statement must either know it isn't true or make the statement without attempting to verify if it is true.

The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."

 

[Michael Wechsler]

I was told this by another expert so my website and the rules and contracts are worthless that they dont mean nothing

I don't know what the other "expert" said but this isn't true at all. It might be not appreciating the context of what was written too. Whether or not the clauses in your contracts can be enforced can be determined with some certainty in a variety of circumstances. If everything was worthless than every attorney would be out of a job.

You cannot force someone to waive their legal right to sue you in another jurisdiction - if the circumstances are such that you can be sued in another jurisdiction, the buyer does not have to waive that right.

I'm not sure what "force" means. I regularly contract with people where the jurisdiction will be to settle disputes and for good reason.

This is the same as posting a notice in your car that if anyone is injured they promise not to sue you. You could even get it in writing. They cannot legally waive their rights.

Ah, now we're starting to get a clearer picture. This is a completely different situation. If you're driving a car on the road somewhere and "purposefully availing yourself" of the highways in that state, then you have no control over where you can be sued. There is no contractual agreement with you and another car which you may have a collision. In the first instance you were talking about two parties coming to a table to bargain and make a deal. Nobody is being forced to do anything in that situation.

If you are doing business all over the country this is a chance you are taking.

And, again, I don't know the problems with this sale or the dollar amount.

And, yes, you would file an appearance and your answer would be to quote your website and the law - and the Judge will either dismiss the case or not.

And this answer is why it's always a good idea to speak to a good lawyer who can fully explain what all this legal jabborwocky is all about. The point here is that if you are purposefully advertising and seeking to do business and doing business all over the country, then it is like driving into another state and perhaps having an accident there when things don't go as planned. But that is not always the case. If you don't have a presence in that foreign state and you are contacted to do business, you can contract the ability to limit the places where you can be sued. Lets say you have a local business and have an occasional out of towner call you. Are you telling me I don't have a right to tell this buyer that I won't do business unless I can settle my disputes in my home town? Sure you can...

I hope this helps you better understand the complexity of the law and what is being shared with you. This is why we are proud of our forums here.