Where to file small claims

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BLPA

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Hello. I recently filed a small claims complaint in my home town, but after some reading, I am not sure I did the right thing, and wonder what will happen if this is incorrect. I am filing against a contractor company in NJ to whom I mailed payment, which was followed by a visit to my home for a kitchen measurement session. Then they decided not to do the work and refuse to give a refund. The payment was for 50% of total job, not just the measurements. I thought since they came to my home, I could file in my home town. Was this acceptable, and if not, what will happen when we show up for the hearing?
 
Are you absolutely sure about that?

As a very general rule, OP would need to sue the bad person where the bad person lived and had the business registered - no matter where the work took place.
 
This means unless OP signed an agreement to be bound by laws of another state, he can file in PA. Presumably, OP read any paper he signed, before asking the question here.



http://law.onecle.com/pennsylvania/commercial-code/01.011.005.000.html

§ 1105. Territorial application of title; power of parties to
choose applicable law.
(a) General rule.--Except as otherwise provided in this
section, when a transaction bears a reasonable relation to this
Commonwealth and also to another state or nation the parties may
agree that the law either of this Commonwealth or of such other
state or nation shall govern their rights and duties. Failing
such agreement this title applies to transactions bearing an
appropriate relation to this Commonwealth.
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The company is based in NJ - when it comes to PA small claims court the defendant can indeed get it tossed based on lack of jurisdiction even IF the injury/act occurred in PA. The plaintiff can file either or.

(This is not only from personal experience living in PA, but the first few hits of a google search)
 
A small claims suit is nearly useless in the state in which it is filed.
A small claims suit filed by a citizen in state "X" is useless and powerless against a citizen in state "Z".
I won't bore you with the why of it.
It just is.
As Proserpina stated, Google it.
 
disagreeable said:
I was looking toward filing aspects, not collection aspects.
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Anyone can file a suit at anytime for anything.

The problem with this type of suit (across state lines), small claims courts are not courts of record, or are, by statute: limited jurisdiction courts.

That means that it is impossible to properly serve a defendant living in state "X" for suit you bring in state "Y".

This suit is waste of money, because it will never get beyond the filing stage.

The only way these types of cases get handled is by a dumb defendant returning voluntarily to the scene of the crime!!!!

That rarely happens.

In fact, I can say, I've never seen it happen.

And, at my age, I've seen most everything once or twice!!!
 
Proserpina said:
This made me giggle, and intrigued me at the same time!

And now I'm not sure which one of us is the naughtier! )
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You have to think about it???? :joke:

Without a doubt, I've been pretty naughty a couple of times!!!! :blush

But, seeing doesn't necessarily mean doing!!!! :biglol:
 
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