filing a lawsuit


PDA






moooose102
January 12, 2009, 11:14 AM
if i file a complaint in small calims court against a manufacturer, would the company i am filing against have to come to my court, or would i have to go to their court?

If you enjoyed reading about "filing a lawsuit" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
ants
January 12, 2009, 12:19 PM
Rather than take the word of a guy whose face you can't see (us guys on the Forum) go down to your local small claims court and do the research. Most small claims courts have a handout telling you about the procedures and requirements.

It is common that small claims courts do not allow representation by legal counsel (a lawyer) so it's basically self-service. Generally, a defendant is required to respond personally to the court in which the filing was accepted.

In my county, the Public Library also has those procedures available at the Reference desk. You might also do a search for your county/state courts to see if their web sites have the info posted.

mgkdrgn
January 12, 2009, 12:36 PM
if i file a complaint in small calims court against a manufacturer, would the company i am filing against have to come to my court, or would i have to go to their court?

Before you go to the time/trouble/expense ... be aware that -winning- a judgment in small claims court is one thing.

-Collecting- that claim is a whole nuther kettle of fish (and pile of $ and time)

Kindrox
January 13, 2009, 04:34 PM
What you are asking is does your small claims court have jurisdiction over the defendant and/or your claim.

If the manufacturer resides in your court's district, then probably so. But from your question it seems they probably don't. Then your petition would need to establish something like they do business in your court’s district, did alleged misdeeds in your court’s district, ect.

If you sue them and serve them, they will have to answer or generally you may get a default judgment. Collecting is not always easy but companies with real places of business are generally not difficult to collect from.

I’m not a lawyer and don’t even play one on tv, so of course I don’t give legal advice, only my personal opinion. You need to do some internet research of your state’s small claims court civil rules regarding jurisdiction.

I can say that learning how the legal system works and being comfortable with persuing lawsuits and defending from lawsuits adds an entire new layer of personal protection.

krs
January 13, 2009, 04:44 PM
The good old Nolo Press has a website to help/guide you:

http://www.nolo.com/resource.cfm/catID/D80CF756-DBF6-432D-B625E7D1A29183D0/104/308/273/


(i say "Good Old" because I've successfully used their information in two widely spaced situations)

savetheclaypigeons
January 13, 2009, 04:46 PM
Quote:
Originally Posted by moooose102 View Post
if i file a complaint in small calims court against a manufacturer, would the company i am filing against have to come to my court, or would i have to go to their court?
Before you go to the time/trouble/expense ... be aware that -winning- a judgment in small claims court is one thing.

-Collecting- that claim is a whole nuther kettle of fish (and pile of $ and time)

also understand the maximum pay amount in small claims court. Consider the costs and the time you are going to invest and consider if it is worth proceeding with

Guns and more
January 13, 2009, 06:09 PM
If it is a large company (with lawyers) they will try to change it to regular court and then delay so as to make it too expensive for you to continue.
In small claims, you might get a judgment, and they might just say, okay you win, now try to collect. Don't expect "The People's Court".

Kindrox
January 14, 2009, 12:01 AM
change it to regular court and then delay so as to make it too expensive for you to continue.

"Real" court is where you can insure a lawsuit costs them enough money that they might see the light.

I can also say that don't go to court unless you have a serious burr under your saddle. I sued on principal and although I "won" and collected, in terms of financial return on the hours invested, I was probably below minimum wage.

But as the Visa commercial says, vindication can be priceless.

Duke of Doubt
January 14, 2009, 12:15 AM
Once it gets removed to real court on motion of the defendant, count on a big pile of interrogatories, requests for admission, motions for physical and mental examinations, motions to dismiss after each round of discovery, a motion for summary judgment, motions for sanctions, motions for award of attorneys fees ... and that's just in the first couple of months. You'll have to reply to all of them, of course.

Kindrox
January 15, 2009, 02:38 AM
count on a big pile of interrogatories, requests for admission, motions for physical and mental examinations, motions to dismiss after each round of discovery, a motion for summary judgment, motions for sanctions

Respond to them? You should be filing them first!

If you enjoyed reading about "filing a lawsuit" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!