Legal Question in Business Law in New Jersey
small claims, where to file???
if defendant lives in NC and plaintiff, a corporation, is in NJ - plaintiff needs to sue in small claims for unpaid invoices for consulting work - does the suit have to be brought in NJ? my understanding is that I would have to PERSONALLY appear. Or, can the suit be brought in NC? The invoice and payment address for the monies owed is in NC.
2 Answers from Attorneys
Re: small claims, where to file???
Suits are governed by the rules of court where they are brought. It is possible for more than one court to have jurisdiction of a matter. Likewise, more than one venue might be appropriate.
Suits in small claims court usually have to be brought in a court where the defendant resides or does business. However, there are exceptions such as where the parties agree otherwise in a contract.
As an alternative to suing in NC, you may be able to bring the suit in NJ Superior Court if you can show that the matter meet the NJ jurisdictional requirments. Pehaps the contract was made in NJ. Perhaps it is for payment for serices that were rendered in NJ. If so, the matter might be heard in the Special Civil Part in NJ. That may be less expensive in the long run.
Learn from the experience. Have a lawyer look over your contract and be sure that there is a choice of forum clause and a choice of venue clause included.
See also: http://info.corbettlaw.net/lawguru.htm
Re: small claims, where to file???
Suits are governed by the rules of court where they are brought. It is possible for more than one court to have jurisdiction of a matter. Likewise, more than one venue might be appropriate.
Suits in small claims court usually have to be brought in a court where the defendant resides or does business. However, there are exceptions such as where the parties agree otherwise in a contract.
As an alternative to suing in NC, you may be able to bring the suit in NJ Superior Court if you can show that the matter meet the NJ jurisdictional requirments. Pehaps the contract was made in NJ. Perhaps it is for payment for serices that were rendered in NJ. If so, the matter might be heard in the Special Civil Part in NJ. That may be less expensive in the long run.
Learn from the experience. Have a lawyer look over your contract and be sure that there is a choice of forum clause and a choice of venue clause included.
See also: http://info.corbettlaw.net/lawguru.htm
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