Legal Question in Credit and Debt Law in New Hampshire
Where should I file
Someone in Massachusetts bought a new refrigerator. In the process of delivery, the smoke alarm inside her condo unit was damaged. The delivery service was contracted by the major company from which she purchased it. The condo association has billed her for $709 to cover the new smoke alarm and installation, the testing of the new alarm by the alarm service, and the locksmith service to access her apartment. She has been trying for two years to get the Company to pay for this. They will not reply or respond to phone calls � a pattern well documented on the internet.
She wants to take them to Small claims court. The customer service department is located in New Hampshire. Massachusetts has told her she has to get someone from the company in Massachusetts. The only person she could get is the Manager who really has nothing to do with this problem.
Can/Should she file in Massachusetts or New Hampshire? (I am posting this under both States as the laws may differ and I am trying to get the best insight into the problem.)
Thank you for any insight given.
2 Answers from Attorneys
Re: Where should I file
If the delivery service caused the problem, you might consider bringing suit against the delivery company.
You could probably also sue the corporation from which you purchased the refrigerator, and serve their agent here in Massachusetts. Remember, you are suing the corporation, not any specific employees or the customer service department.
Re: Where should I file
The issue is whether the Massachusetts plaintiff can gain personal jurisdiction over the New Hampshire company through the Massachusetts Long Arm Statute. The answer is very fact specific;)
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